Why UN Officials Are Criticizing Israel’s Proposed Terrorism Death Penalty Bill

A coalition of United Nations human rights experts has issued a stark warning to Israel, urging it to withdraw a proposed bill that would introduce a mandatory death penalty for certain terrorist acts. The experts argue the legislation represents a grave violation of international law and would deepen discrimination against Palestinians.

The bill, which passed a first reading in Israel’s parliament last November, is a key demand of far-right National Security Minister Itamar Ben Gvir. It seeks to amend Israel’s penal code, creating what UN experts describe as two distinct and troubling tracks for capital punishment.

Why the UN Experts Are Alarmed

The core objections from the dozen independent experts are multifaceted and severe:

1. Violation of the Right to Life: The experts state unequivocally that “mandatory death sentences are contrary to the right to life.” By removing all discretion from judges and prosecutors, the law prevents courts from considering individual circumstances or mitigating factors, making a proportionate sentence impossible.
2. A Dual System of Justice: The bill would create a discriminatory legal framework:

   • In the occupied West Bank, the death penalty could be imposed by military courts for terrorist acts causing death, even if the killing was not intentional.

   • In Israel and occupied East Jerusalem, capital punishment would apply under criminal law only for the intentional killing of Israeli citizens or residents.

3. Vague and Overbroad Definitions: The law would rely on Israel’s existing, expansive definitions of “terrorist offenses,” which, the experts warn, can include “conduct that is not genuinely terrorist.” This vagueness risks applying the ultimate punishment to a wide range of actions.
4. Erosion of Fair Trial Standards: The experts highlight that Israeli military trials for Palestinian civilians “typically do not meet fair trial standards” under international law. A death sentence resulting from such a process would compound the violation. They stress that “denial of a fair trial is also a war crime.”
5. Lowered Judicial Threshold: Alarmingly, the bill would allow a death sentence to be imposed by a simple majority vote of military judges, lowering the threshold for applying the penalty.

A Sharp Departure from Precedent

The move marks a radical shift for Israel, which has been a de facto abolitionist country for decades. The last execution carried out was in 1962, against Nazi war criminal Adolf Eichmann. Introducing a mandatory death penalty, especially through military courts in occupied territory, would shatter this long-standing practice.

Broader Implications and Reactions

The proposed law has drawn fierce condemnation from Palestinian authorities. Hamas condemned it as embodying “the ugly fascist face” of Israel, while the Palestinian Foreign Ministry in Ramallah called it a “new form of escalating Israeli extremism and criminality.”

For the UN experts, including Francesca Albanese, Special Rapporteur for the Palestinian territories, the bill is not just a domestic legal change. It is a measure that would institutionalize inequality, violate fundamental human rights, and further destabilize a highly volatile situation. They view it as a dangerous step that contravenes Israel’s obligations under international human rights and humanitarian law.

As the bill awaits its second and third readings, the UN’s forceful critique adds a significant international voice to a heated domestic debate, framing the proposed law as a threat to justice, human dignity, and the prospects for peace.

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