The Israeli occupation authorities have taken an advanced step towards legalizing the execution of Palestinian prisoners, as the Knesset's National Security Committee approved the draft bill after introducing substantial amendments. The bill is scheduled to be presented to the Knesset's General Assembly next week for a vote in the second and third readings, which are the final stages for it to become an enforceable law.
Sources reported that National Security Minister Itamar Ben-Gvir is the primary driver of this legislation through his 'Otzma Yehudit' party. Ben-Gvir affirmed that the current formulation of the law ensures the withdrawal of powers from the government's legal advisor, which will accelerate its implementation against prisoners accused of carrying out operations against Israeli targets.
The bill carries a clear discriminatory character, as its application is limited to Palestinians accused of murder for motives described as 'national or security'. In contrast, the law exempts Jewish prisoners who may commit murder against Palestinians, which reinforces international and local criticisms describing it as racist legislation.
Reports revealed that Prime Minister Benjamin Netanyahu's office directly intervened to introduce amendments to the original draft to ostensibly soften its severity. This intervention came out of fear that Israel would face legal or diplomatic repercussions in international forums, especially since previous standards were more severe than the death penalty laws in force in the United States.
Under the new text, judges have the authority to issue a death sentence by a majority only, without the need for a full consensus of the judicial body. The law also grants the court the right to impose the penalty even in cases where the public prosecution does not formally request the death penalty for the prisoner.
The law specified the method of execution to be 'hanging', with the task to be carried out by a warden chosen directly by the Commissioner of the Prison Service. To ensure the protection of those carrying out the executions, the legislation stipulated that their identities remain completely confidential and granted them full legal and criminal immunity protecting them from any future prosecution.
The provisions of the law include strict procedures related to the detention conditions of those sentenced, as they will be isolated in special facilities separate from other prisoners. They will also be deprived of direct meetings with their lawyers, as legal consultations will be limited to visual communication 'remotely', with visits restricted to specific and authorized parties only.
Regarding the timeline, the law stipulates that the death sentence must be carried out within a period not exceeding 90 days from the date of its final issuance. The execution process must take place in the presence of the prison director and official observers, in addition to a representative of the judicial authority and a representative of the condemned's family.
The proposed legislation differentiates in application mechanisms between different regions, where the penalty will be mandatory in military courts in the occupied West Bank. In this case, the prisoner is allowed to appeal the conviction itself, but does not have the right to appeal the death penalty if the charges are proven against him.
In other areas, the law allows courts the option of imposing the death penalty or life imprisonment, which prohibits the release of the prisoner in any future exchange deals. This clause aims to close the door on the possibility of Palestinian prisoners being released within the framework of political understandings or exchange operations.
It is worth noting that Israel has not resorted to the death penalty through its civil judiciary since its establishment except in one case in 1962 against Nazi officer Adolf Eichmann. This legislative move comes amid harsh conditions experienced by Palestinian prisoners, with human rights reports documenting the escalation of torture and systematic abuse inside prisons.
The new law does not leave the decision-making authority in the hands of the government's legal advisor, and will proceed towards final approval.
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Knesset paves the way for execution law for Palestinian prisoners after controversial amendments