'A War Crime': UN Rights Chief Urges Immediate Repeal of Israel's New Death Penalty Law
UN High Commissioner for Human Rights Volker Türk said the new law "raises serious concerns about due process violations, is deeply discriminatory, and must be promptly repealed.”
The top United Nations human rights official was among those who on Tuesday urged Israel to repeal legislation it passed the previous day legalizing the hanging of Palestinians convicted of terrorism-related killing of Israelis—a law critics contend will not apply to Israelis who commit similar crimes.
The law passed by the Israeli Knesset states that Palestinians must be hanged within 90 days if convicted of nationalistic killings in a military court. While the legislation does not allow pardons, it gives judges discretionary power when it comes to sentencing Israeli citizens convicted of similar crimes, and observers say it's highly unlikely that any Israeli would ever be hanged under the law.
Experts argue the 90-day provision and lack of appellate process are violations of international humanitarian law.
“It is deeply disappointing that this bill has been approved by the Knesset,” UN High Commissioner for Human Rights Volker Türk said Tuesday. “It is patently inconsistent with Israel’s international law obligations, including in relation to the right to life. It raises serious concerns about due process violations, is deeply discriminatory, and must be promptly repealed.”
“The death penalty is profoundly difficult to reconcile with human dignity, and it raises the unacceptable risk of executing innocent people,” he added. “Its application in a discriminatory manner would constitute an additional, particularly egregious violation of international law. Its application to residents of the occupied Palestinian territory would constitute a war crime.”
While proponents of the law—some of whom, like Israeli National Security Minister Itamar Ben-Gvir, celebrated its passage—say they believe it will deter Palestinians from killing Israelis, studies in the United States, the only Western democracy that actively executes people, have repeatedly shown that the death penalty is not a deterrent to crime.
Palestinians and their defenders have also warned that the law could open the door to mass executions, including of anyone found to have killed Israelis during the October 7, 2023 Hamas-led attack, for which Israel retaliated with an ongoing assault and siege that has left more than 250,000 Palestinians dead, maimed, or missing.
“Trials for crimes related to October 7 are supremely important, but they must not be anchored in discrimination," said Türk. "All victims are entitled to equal protection of the law, and all perpetrators must be held accountable without discrimination.”
Other human rights defenders also condemned the new Israeli law and called for its repeal.
"The Israeli parliament's adoption of a racist law authorizing the hanging of Palestinian prisoners is the very definition of apartheid," the Washington, DC-based Council on American-Islamic Relations (CAIR) said in a statement Tuesday. "Even the South African apartheid government never adopted a death penalty law so explicitly racist."
Taking aim at Israeli Prime Minister Benjamin Netanyahu—who is wanted by the International Criminal Court for alleged crimes against humanity and war crimes in Gaza—CAIR continued, "The Netanyahu regime is completely out of control because our nation continues to bankroll its crimes, from the de facto annexation of the West Bank to the genocide in Gaza, to the ethnic cleansing of southern Lebanon, to the occupation of Syria, to the illegal war with Iran that it triggered, to the closure of Christian and Muslim holy sites in Jerusalem."
“Congress is not just failing to act, it is actively advancing more military support while treating that US taxpayer funding as automatic, even as these abuses escalate," the group added. "Every member of Congress—especially Democratic leaders of the House and Senate—must condemn these crimes, including the racist execution law, and announce their opposition to any further military funding for the Israeli apartheid regime."
A 2024 ruling by the International Court of Justice in The Hague—where Israel is also facing a genocide case brought by South Africa in response to the US-backed war on Gaza—affirmed that the Israeli occupation of Palestine is an illegal form of apartheid that must be ended.
More than 9,500 Palestinians are currently locked up in Israeli prisons, including 350 children and 73 women, according to advocacy groups. Palestinian and Israeli human rights defenders say detainees face torture, starvation, and medical neglect behind bars, causing many deaths.
Former prisoners as well as Israeli staff and medical personnel say they have witnessed torture at prisons including Sde Teiman, the most infamous of Israel's lockups, with victims ranging from children to the elderly.
Israeli physicians who worked at Sde Teiman described widespread serious injuries caused by 24-hour shackling of hands and feet that sometimes required amputations. Palestinians taken by Israeli forces recounted rapes and sexually assaults by male and female soldiers, electrocution, maulings by dogs, denial of food and water, sleep deprivation, and other torture.
