UN High Commissioner for Human Rights Volker Türk on Tuesday urged Israel to repeal a law passed by its parliament on 30 March reinstating the death penalty, in terms applicable almost exclusively to Palestinians.
“It is deeply disappointing that this bill has been approved by the Knesset,” said Türk. “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 It raises serious concerns about due process violations, is deeply discriminatory, and must be promptly repealed.”
Among other problematic provisions, the law makes execution by hanging the default penalty for Palestinians convicted in the occupied West Bank of lethal attacks against Israelis. It also provides that the death sentences, once imposed, must be carried out within 90 days – this is in itself a violation of international humanitarian law. The law also does not provide for the opportunity for pardon, as required under international human rights law.
“The death penalty is profoundly difficult to reconcile with human dignity, and it raises the unacceptable risk of executing innocent people,” said the High Commissioner. “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.”
The UN Human Rights Chief also expressed alarm at proposals in another Bill currently before the Knesset to establish a Special (Military) Court exclusively to prosecute crimes committed during and in the aftermath of the horrific 7 October 2023 attacks by Palestinian armed groups. The envisaged special court would not have jurisdiction over crimes committed by Israeli forces in the occupied Palestinian territory.
“I urge the Knesset to reject this bill. By focusing exclusively on crimes committed by Palestinians, it would institutionalize discriminatory and one-sided justice,” said Türk. “Trials for crimes related to October 7 are supremely important, but they must not be anchored in discrimination. All victims are entitled to equal protection of the law, and all perpetrators must be held accountable without discrimination.”
These legislative steps will further entrench Israel’s violation of the prohibition of racial segregation and apartheid by discriminatorily targeting Palestinians, who are often convicted following unfair trials.
Under international human rights law, trials of civilians before military courts are prohibited, except in strictly exceptional circumstances where the State can demonstrate that such courts are necessary and justified by serious and compelling reasons, and where regular civilian courts are unable to undertake the trials.
