Israel/OPT: Knesset must drop discriminatory death penalty bills that would further entrench Israel’s system of apartheid

Israeli Knesset members must vote against a series of bills introducing controversial amendments that would allow Israeli courts to expand their use of death sentences with discriminatory application against Palestinians, said Amnesty International, ahead of an expected vote on one of the main bills by the Knesset’s National Security Committee. The death penalty would apply to defendants convicted of intentionally killing a person with the purpose of harming an Israeli citizen or resident, or to those convicted by military courts of causing death in circumstances defined under Israeli law as “acts of terrorism,” a provision that would primarily affect Palestinian defendants. In some cases, the death penalty would be mandatory or imposed without the right to appeal.

One of the proposed bills, which passed a first reading in the Knesset in November 2025, seeks to amend both military law applicable in the occupied West Bank, excluding occupied East Jerusalem, and laws that apply in Israel and illegally annexed East Jerusalem, in order to expand the offences punishable by death and remove key due process safeguards.

“Israel’s Knesset is moving against the global trend towards the abolition of the death penalty and is instead seeking to create new avenues for imposing death sentences. Rather than fast-tracking discriminatory bills that would serve as yet another tool within Israel’s institutionalized system of apartheid against all Palestinians whose rights it controls, Knesset members should immediately drop these amendments,” said Amnesty International’s Senior Director for Research, Advocacy, Policy and Campaigns, Erika Guevara Rosas.

“With these bills, the Israeli government is brazenly granting itself carte blanche to impose death sentences on Palestinians. Any death sentences imposed under these amendments would constitute a violation of the right to life and, when imposed by a military court may also amount to war crimes.”

In addition to expanding offences punishable by death, the bills introduce special procedures that strip away key fair‑trial and human rights safeguards under international human rights law. These include restricting access to information about executions on vague “security” grounds; authorizing ad hoc military courts ruling on offences related to the 7 October attacks to deviate from standard procedures and evidentiary rules, thereby further limiting the rights of individuals facing the death penalty; and permitting executions without judicial or religious representatives present.

With these bills, the Israeli government is brazenly granting itself carte blanche to impose death sentences on Palestinians.

Erika Guevara Rosas, Amnesty International

Israel has not carried out an execution in more than 60 years. The proposed legislative measures would also represent an alarming 20-year setback following Israel’s past engagement since 2007 on UN General Assembly resolutions calling for a moratorium on executions towards the abolition of the death penalty.

The proposed amendments to the military laws would grant military court judges across the occupied West Bank, excluding occupied East Jerusalem, to impose a mandatory death sentence by simple majority of a three-judge court, and even in cases where the prosecution has not requested it. Death sentences could not be commuted or pardoned and would have to be carried out within 90 days, in a stark violation of restrictions and safeguards established under international law. These West Bank military courts have jurisdiction over Palestinians and foreigners, but not over Israeli settlers living in illegal settlements, who are tried before civilian courts in Israel under civilian laws.

Any death sentences imposed under these amendments would constitute a violation of the right to life and, when imposed by a military court may also amount to war crimes.

Erika Guevara Rosas, Amnesty International

A second bill proposing additional legislative measures would grant special jurisdiction to ad hoc military courts to try individuals accused of having committed offences in connection with the 7 October 2023 attacks “according to any laws”, including Israel’s genocide law, and to impose death sentences with a simple majority of the panel of sitting judges. This bill was approved at its first reading at the Knesset on 13 January 2026. The Constitution, Law and Justice Committee of the Knesset is set to resume its consideration of this bill on 4 February.

“If adopted, these amendments will further reinforce the matrix of longstanding dehumanizing laws, policies, practices and unchecked public narratives that have enabled Israel’s ongoing genocide against Palestinians in the occupied Gaza Strip and sustained its system of apartheid over all Palestinians. This is also happening against the backdrop of the documented, widespread and rampant torture and other ill-treatment of Palestinian prisoners by Israeli authorities, and the spike in Palestinian deaths in custody since late 2023, as well as the rise in numbers of Palestinians unlawfully killed in apparent acts of extrajudicial executions over the past decade,” said Erika Guevara Rosas.

“Members of the Knesset must staunchly oppose these bills and scrap all legislative measures aimed at introducing, expanding and facilitating the use of the death penalty, with a clear goal of ensuring its full abolition. The international community, in particular Israel’s strong allies, must vocally oppose Israel’s legislative amendments that would further entrench its cruel system of apartheid against Palestinians. They must not turn their gaze away and embolden Israel’s violations of Palestinians’ rights by granting it further impunity.”

Background

Israel abolished the death penalty for ordinary crimes in 1954 but has retained this punishment for offences under the Genocide Act and for treason under the Penal Law. The last execution was carried out in 1962.  

Amnesty International opposes the death penalty in all cases without exception, regardless of who is accused, the nature or circumstances of crime, guilt, innocence, or the method used. As of today, 113 countries have abolished the death penalty for all crimes, including seven since 2020.