The United Nations High Commissioner for Human Rights has warned that the adoption by the Israeli occupation of a law applying the death penalty almost exclusively to Palestinians violates the prohibition of racial discrimination and apartheid, particularly as it targets "Palestinians, who are often convicted following unfair trials."
In a statement, the UN High Commissioner for Human Rights, Volker Türk, urged Israel to repeal the law recently passed by its parliament. He described the measure as discriminatory and in breach of Israel’s obligations under international law.
Türk voiced regret over the Knesset’s approval of the bill, stating that it is inconsistent with Israel’s international legal commitments, especially regarding the right to life, and raises serious concerns about due process violations, calling for its immediate repeal.
While the United Nations opposes the death penalty, the High Commissioner noted that it is fundamentally at odds with human dignity and heightens the risk of wrongful executions.
Türk said: “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 legislation establishes death by hanging as the main penalty for Palestinians convicted in the occupied West Bank of carrying out fatal attacks against Israelis. It also requires that death sentences be carried out within 90 days of being issued, which in itself constitutes “a violation of international humanitarian law.” In addition, it does not allow for the possibility of a pardon, contrary to international human rights standards. The law also provides for amendments to Israel’s penal code to introduce the death penalty for cases of intentional killing of Israelis classified as “terrorist acts.”
According to the UN High Commissioner for Human Rights, these provisions could result in the retroactive imposition of the death penalty on individuals convicted of killings linked to the 7 October 2023 attacks, in breach of the principle of legality under international law.
In parallel, Israeli authorities may also move forward with another bill currently before the Knesset to establish a special (military) court with exclusive jurisdiction over alleged crimes committed by Palestinian armed groups during and after the 7 October 2023 attacks.
The High Commissioner’s statement noted that this court would not have jurisdiction over crimes committed by Israeli forces in the occupied Palestinian territory, meaning that such legislative steps would further entrench violations of the prohibition of racial discrimination and apartheid, “by targeting in a discriminatory manner Palestinians, who are often convicted following unfair trials.”
He further stressed that international human rights law prohibits the trial of civilians before military courts, except in exceptional cases where the State can demonstrate their necessity and proper justification, and where civilian courts are unable to carry out proceedings.
The law has drawn widespread criticism for violating the right to life, a fundamental right protected from arbitrary restriction under the International Covenant on Civil and Political Rights. It should also be noted that even in countries that retain the death penalty, international law imposes strict safeguards, including limiting its use to the most serious crimes and ensuring robust judicial guarantees.
Furthermore, the law appears aimed at the physical elimination of Palestinian prisoners in the context of an armed conflict, making it a retaliatory measure rather than a genuine judicial sanction, despite the fact that such prisoners are protected under the Geneva Conventions, including the prohibition of cruel or inhuman punishment and the right to fair and independent trials.