Described by the EU as a clear step backwards, Israel’s new death penalty law for Palestinians has sparked alarm in Brussels. EU’s top diplomat warns that it threatens democratic principles and violates international law. She also highlights its discriminatory impact and the potential for irreversible judicial errors.
The European Union has sharply condemned a new Israeli law introducing the death penalty as the primary sanction for Palestinians convicted by military courts of murdering Israeli citizens. “The EU has a principled position against the death penalty in all cases and in all circumstances,” reads the official statement by High Representative Kaja Kallas.
The EU urges Israel to stick to its previous principled position on the death penalty. It calls on the country to respect its obligations under international law. Brussels also reminds Israel of its commitment to democratic principles, as reflected in the EU-Israel Association Agreement. “This is a clear step backwards,” added the spokesperson Anouar El Anouni at a news briefing.
Israel’s last execution: Eichmann
Until now, Israel had effectively maintained a moratorium on executions and the imposition of death sentences. Brussels sees this as an example of leadership in the region, despite its complex security environment.
The last execution carried out in Israel was in 1962, when Adolf Eichmann, the Nazi architect of the Holocaust, was hanged.
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The statement by Kallas stresses that the death penalty constitutes a violation of the right to life and to be free from torture and other ill-treatment. It carries the risk of irreparable judicial errors. She also notes the lack of any proven deterrent effect.
Hamas has defeated us because we have lost all our values. — Ram Ben-Barak, a member of Knesset and former deputy director of Mossad
The bill approved by the Israeli parliament Knesset mandates courts to impose either the death penalty or life imprisonment on anyone who murders an Israeli citizen or resident with the intent of “ending Israel’s existence”. Critics argue that, in practice, the law would apply exclusively to Palestinians, not to Jewish Israelis who commit similar crimes. They say it is primarily aimed at the Arab residents of the West Bank, who fall under the jurisdiction of military courts.
The legislation was championed by the far-right Minister of National Security Itamar Ben-Gvir. He defended the capital punishment provisions in parliament, declaring: “From today, every terrorist will know, and the whole world will know, that whoever takes a life, the State of Israel will take their life.” On Monday, 62 members of parliament voted in favour, while 48 opposed.
International criticism
The law has provoked strong criticism beyond Brussels. Foreign ministers of Germany, France, Italy, and the UK had previously warned of the threat it posed to democratic principles. UN High Commissioner for Human Rights Volker Türk described the bill as “deeply discriminatory”. He pointed out that it contravenes international humanitarian law. He added that the law makes a fair trial impossible and leaves no room for clemency.
Non-governmental organisations argue that the law is unconstitutional and plan to petition the supreme court for review. Opposition lawmakers have also criticised the measure. “It says that Hamas has defeated us because we have lost all our values,” claimed Ram Ben-Barak, a parliament member and former deputy director of Mossad. According to the Palestinian Authority, the bill reveals the “nature of the Israeli colonial system”.
