Middle East

Israel passes death penalty law for West Bank military courts

Measure targets Palestinians convicted of fatal attacks, prisoner-exchange politics harden while executions remain rare

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Israel approves death penalty for Palestinians convicted of carrying out fatal attacks – video Israel approves death penalty for Palestinians convicted of carrying out fatal attacks – video theguardian.com

Israel’s parliament has passed a law making the death penalty the default punishment for Palestinians convicted by military courts of carrying out fatal attacks in the occupied West Bank, The Guardian reports. The legislation also tightens detention conditions for those sentenced to death, limits visits, and sets out a rapid execution timeline.

Israel has rarely used capital punishment; Adolf Eichmann’s execution in 1962 remains the country’s last. The new law is designed to change expectations rather than to reflect established practice. It lowers procedural barriers by allowing a simple majority decision and removing the need for prosecutors to request the sentence, while extending the mechanism to military courts that try Palestinians under occupation.

That shift matters in bargaining even if executions remain rare. Prisoner releases and exchanges have long been a central currency in Israeli-Palestinian conflict management, used to end standoffs, recover hostages, and stabilise political coalitions. A credible threat that convicted attackers may no longer be available for future swaps narrows the menu for negotiators on all sides. It also changes incentives for armed groups: if the expected outcome of capture becomes irreversible, the value of taking hostages or escalating for leverage can rise.

Inside Israel, the law functions as a low-cost signal to domestic audiences. It was initiated by the far-right Otzma Yehudit party led by national security minister Itamar Ben-Gvir, who has publicly embraced the symbolism of executions. Prime minister Benjamin Netanyahu voted for the measure in person, though The Guardian notes he remained motionless as supporters celebrated.

Externally, the bill creates legal and diplomatic friction. Critics argue it is discriminatory because it applies to Palestinians tried in military courts, while defendants tried inside Israel can still have death sentences commuted. The Guardian reports military officials and ministries have warned the law could breach international law and expose Israeli personnel to arrest abroad.

The legislation can still be reviewed by Israel’s supreme court. For now, it places a new statutory threat at the centre of a conflict where prisoner status has often mattered as much as battlefield outcomes.