Palestinians have expressed fears their relatives will be executed after Israel passed a death penalty law that is widely seen as discriminatory.
European states, the UN and human rights groups have called on Israel to repeal the law, passed by the Knesset on Monday evening. Championed by Israel's far-right National Security Minister Itamar Ben-Gvir, the legislation makes the death penalty mandatory for people convicted of terrorism. But the wording means it effectively applies to Palestinians and not Jewish Israelis.
Gaza resident Nisreen Ashtaywi, 52, whose son Mahmoud was arrested in 2024, said she had been unable to sleep since learning the bill had been approved. “We were waiting for his release in a prisoner exchange,” she told The National. “But now I feel like I could lose him at any moment.”
Mahmoud, 25, is a civilian and was not involved in armed activities, Ms Ashtaywi said. Information from the Red Cross and former inmates suggest he has endured torture in Israel's Ofer prison.
“I used to dream of seeing him get married,” Ms Ashtaywi added. “Now I am afraid he could be executed. This is something a mother cannot bear.”
That sentiment was echoed by Mohammed Qudaih, 31, whose brother Tamer, 24, has been detained since the Gaza war broke out on October 7, 2023. He travelled to the border area in southern Gaza out of curiosity and was not affiliated with any armed group, Mr Qudaih said.
For months, the family believed he had been killed. Later, they learnt he was alive and being held in Negev prison, where he was reportedly subjected to severe mistreatment. “We kept telling ourselves he would come back,” Mr Qudaih said. “But now, with this law, that hope is fading.”
He described the intense emotional toll the situation has taken on his family. “It feels like something inside us has been killed,” he added. “The idea that he could be executed at any moment is overwhelming.”
International condemnation
Despite international pressure, the bill, passed by 62 votes to 48, mandates execution for Palestinians who are convicted of deadly “terrorist” attacks and does not punish Israeli Jews the same way.
Israel holds 9,500 Palestinians in “administrative detention” – that is, without charge. They are now all at risk of the death penalty if a court finds them guilty of killing an Israeli. The Organisation of Islamic Co-operation condemned the law on Tuesday, calling it a “dangerous and unprecedented step that grants a licence for murder and political execution” of Palestinians.
Nahed Al Fakhouri, director of the Palestinian Prisoners’ Media Office, called it “an unprecedented escalation” that could lead to further violence. “This law will undoubtedly increase anger in Palestinian society and may lead to further confrontations,” he added.
The legislation violates Israel's obligations under international law, the UN's Human Rights Office said. “This law further entrenches Israel’s violation of the prohibition of racial segregation and apartheid as it will exclusively apply to Palestinians in the occupied West Bank and Israel, who are often convicted after unfair trials,” it added.
People such as Jewish Israeli Amiram Ben Uliel, convicted in 2015 for an attack that killed an 18-month-old Palestinian boy along with his parents, are exempt from the death penalty. Israeli media reported he had been allowed family visits, while Palestinians in Israeli prisons are denied access to the International Committee for the Red Cross to check on their health and well-being.
Abdel Nasser Farwana, a specialist in prisoners’ affairs, said the law breached the Geneva Conventions. “Palestinian detainees are either civilians under occupation, who are protected by the Fourth Geneva Convention, or prisoners of war, who are protected under the Third Geneva Convention,” he told The National. “In both cases, execution is prohibited.”
European countries urged the Knesset to abandon its plans to go ahead with passing the law. Australia, France, Germany, Italy and the UK issued a joint statement expressing their concern about the “de facto discriminatory character” of the bill. “We urge the Israeli decision-makers in Knesset and government to abandon these plans.” Germany subsequently said it “cannot endorse” the law because it would apply specifically to Palestinians.
The US did not directly criticise the bill. A State Department official said: "The United States respects Israel’s sovereign right to determine its own laws and penalties for individuals convicted of terrorism. We trust that any such measures will be carried out with a fair trial and respect for all applicable fair trial guarantees and protections."
The bill has two provisions for the death penalty. One applies in the occupied West Bank, where military courts would be able to impose it for “terrorist acts”.
Only Palestinians are tried in military courts and have a conviction rate of 96 per cent “based largely on 'confessions' extracted under duress and torture during interrogations”, B'Tselem said.
Under the second provision, Palestinian citizens of Israel and those living in occupied East Jerusalem would face the death penalty for “intentional killing … with the aim of negating the existence of the state of Israel”.
“If a Palestinian was killed, whether in the West Bank or Israel, from an ideological point of view they're not considered impacting the state of Israel,” Dr Suhad Bishara, a director at the Legal Centre for Arab Minority Rights, told The National, before the bill was passed.
In both cases, the definition of what constitutes a terrorist act is vague, a UN panel of experts has said.
