The New Law: A Breakdown

In the West Bank – excluding East Jerusalem – the law establishes the death penalty as the default sentence for individuals convicted of intentionally killing Israeli citizens, classified as acts of terrorism under Israeli law. Life imprisonment is only permissible under unspecified “special circumstances.” Critically, military courts can impose the death penalty with a simple majority vote, even without a request from the prosecution. Furthermore, sentences are non-commutable, non-pardonable, and must be executed within 90 days. A particularly troubling aspect of the law is the explicit exclusion of Israeli settlers from its provisions, raising accusations of blatant discrimination.

Within Israel itself, civilian courts now have the authority to impose the death penalty or life imprisonment for intentional killings committed with the intent to “negate the existence of the State of Israel.”

Although the law does not explicitly mention ethnicity or nationality, human rights advocates argue it is deliberately designed to target Palestinians. The implementation of this law will be carried out with a heightened degree of secrecy, limiting access to legal counsel and independent oversight. This raises concerns about fair trials and the potential for wrongful convictions.

International Condemnation and Legal Violations

The European Union has long maintained that capital punishment is a violation of human dignity and is unacceptable under all circumstances. Beyond this fundamental principle, the new Israeli law breaches internationally recognized safeguards for those facing the death penalty. Its discriminatory nature and lack of due process protections violate the right to life and protections enshrined in international humanitarian and human rights law, including the Fourth Geneva Convention, the Hague Regulations, the International Covenant on Civil and Political Rights, and the Convention Against Torture.

Diplomatic efforts by the EU and its member states to persuade Israel to reverse course have, to date, been unsuccessful. This development occurs against a backdrop of a severe humanitarian crisis in Gaza, which has been characterized by some as constituting genocide, and an accelerating de facto annexation of the West Bank, as acknowledged by the International Court of Justice in its Advisory Opinion of July 19, 2024. The death penalty law is seen as part of a broader pattern of discriminatory policies and practices against Palestinians, which the ICJ has found to violate Article 3 of the Convention on the Elimination of Racial Discrimination (CERD), prohibiting racial segregation and apartheid.

Israel has repeatedly crossed established EU “red lines,” including advancing settlement construction in the E1 area, banning UNRWA, expelling international NGOs, forcibly evicting Palestinians in East Jerusalem, demolishing Palestinian homes and infrastructure, and exhibiting impunity for abuses by security forces and settler violence. Reports of systemic torture and mistreatment of Palestinian prisoners, restrictions on religious freedoms, attacks on journalists, and denial of access to EU officials further exacerbate the situation.

The EU-Israel Association Agreement, as highlighted by EU High Representative for Foreign Affairs Kallas in her statement of March 31st, emphasizes respect for democratic principles as a core component of the relationship. A review conducted in June 2025 found Israel in breach of its human rights obligations regarding abuses against Palestinians and violations of the laws of war.

Nine months after that review, many believe the time for decisive action is long overdue. Calls are growing for the EU to suspend the trade component of the EU-Israel Association Agreement and implement further measures, as proposed by President von der Leyen in September 2025.

What impact will this law have on the already fragile peace process in the region? And what further steps can the international community take to hold Israel accountable for its actions?

Frequently Asked Questions

• What is the primary concern regarding Israel’s new death penalty law? The primary concern is the discriminatory application of the law, which appears to target Palestinians exclusively and lacks due process safeguards.
• How does the EU view capital punishment in general? The European Union consistently opposes capital punishment as a cruel, inhuman, and degrading punishment, incompatible with human dignity.
• What international laws does this new law potentially violate? The law potentially violates the Fourth Geneva Convention, the Hague Regulations, the International Covenant on Civil and Political Rights, and the Convention Against Torture.
• What is the significance of the International Court of Justice’s Advisory Opinion? The ICJ’s opinion acknowledged the accelerating de facto annexation of the West Bank and found Israeli policies to violate Article 3 CERD, which prohibits racial segregation and apartheid.
• What actions are being called for in response to this law? Calls are growing for the EU to suspend the trade component of the EU-Israel Association Agreement and implement further measures.