Monday, July 31, 2023
The issue of Palestinian prisoners and their suffering under Israeli policies represents one of the most severe and egregious violations of international humanitarian obligations by the occupying power. International humanitarian law recognizes the legitimacy of Palestinian resistance and affirms that its members are fighters protected by these same principles and rules. However, the Israeli state refuses to adhere to the international legal framework governing the status of Palestinian prisoners.
The death penalty exists in Israeli military law, a remnant of British Mandate emergency regulations in Palestine dating back to 1945. While Israel incorporated the death penalty into its legal system in 1953, its application has been largely frozen by the Israeli military establishment.
Historically, death sentences have been issued against several Palestinians. For instance, freed prisoners Karim Younis and his cousin Maher Younis were initially sentenced to death after their arrest in 1983 but later had their sentences commuted to life imprisonment. Similarly, prisoners like Mahmoud Hijaazi, Musa Jumaa, and Musa Mansour were sentenced to death but did not face execution.
After the establishment of the Israeli state in May 1948, the Israeli legal system inherited much of the British Mandate’s legal framework, including the death penalty, though its application remained rare. Notable examples include the 1948 execution of officer Meir Tobianski, later exonerated posthumously, and the 1962 execution of Adolf Eichmann, a German officer accused of Nazi war crimes.
Recently, Israel's Ministerial Committee for Legislation approved a bill mandating the death penalty for Palestinian prisoners convicted of killing Israelis. On March 1, 2023, the Knesset preliminarily approved the bill, which requires courts to impose the death penalty on such prisoners.
According to Palestinian Justice Minister Mohammed Al-Shalaldeh, the bill constitutes a war crime and violates the 1949 Third and Fourth Geneva Conventions and the 1977 Additional Protocol I, as well as international humanitarian law and human rights standards. The Palestinian legal center for prisoners rejects the legitimacy of this law, emphasizing that Palestinian prisoners are detained as part of their struggle for freedom and independence, a right protected under international humanitarian law.
The bill, preliminarily approved by the Knesset on March 1, 2023, aims to impose the death penalty on Palestinian prisoners convicted of killing Israelis. It was introduced by Itamar Ben-Gvir, leader of the Jewish Power Party, as part of a coalition agreement with Prime Minister Benjamin Netanyahu’s government in late 2022.
According to the Knesset, 55 members supported the bill while nine opposed it out of the 120 members. The bill stipulates the death penalty for anyone who intentionally or negligently causes the death of an Israeli citizen out of racial hatred or to harm Israel. The law claims to address an increase in "terrorist acts" targeting Jews and aims to deter such actions, arguing that Palestinian prisoners currently live under favorable conditions and may eventually be released in prisoner exchanges.
This law is not new but rather an updated version of past initiatives. Over recent years, several similar bills have been proposed:
This contentious law remains a focal point of both Israeli domestic politics and international human rights criticism, as it threatens to exacerbate tensions and deepen violations of Palestinian rights under international law.