UN Experts Urge Israel to Withdraw Mandatory Death Penalty Bill

UN human rights experts on Tuesday urged Israel to withdraw proposed legislation introducing a mandatory death penalty for terrorist acts, warning that the bill would violate the right to life, undermine fair trial guarantees and discriminate against Palestinians in the occupied Palestinian territory.

"Mandatory death sentences are contrary to the right to life," the experts said. "By removing judicial and prosecutorial discretion, they prevent courts from considering individual circumstances, including mitigating factors, and from imposing proportionate sentences."

Two-Track Death Penalty System Raises Alarm

Under the proposed bill, two parallel tracks for imposing the death penalty would be introduced. In the occupied West Bank, military courts operating under military law would be required to impose the death penalty for terrorist acts resulting in death, even where the killing was not intentional. In Israel and occupied East Jerusalem, the death penalty would apply under Israeli criminal law, but only for the intentional killing of Israeli citizens or residents.

The experts warned that under both tracks, vague and overbroad definitions of terrorism under Israeli law could encompass conduct that does not meet international standards for terrorist offences, while making the death penalty mandatory.

Violation of International Law and Fair Trial Rights

UN experts stressed that unintentional killings do not qualify as "most serious crimes" under international law, making the application of the death penalty unlawful. They also expressed deep concern over the use of military courts, noting that Israeli military trials of civilians routinely fail to meet international fair trial standards.

"Any death sentence imposed following an unfair trial further violates the right to life," the experts said, adding that denial of a fair trial constitutes a war crime.

They further criticised provisions allowing death sentences to be imposed by a simple majority of military judges, banning pardons or commutations, restricting access to legal counsel, weakening appeal mechanisms and eliminating effective external oversight. The bill may also allow retroactive application, in violation of international legal principles.

Torture Concerns and Secrecy Provisions

The experts also raised alarm over provisions mandating execution by hanging within 90 days, carried out under secrecy and immunity clauses.

"Hanging amounts to torture or other cruel, inhuman or degrading punishment under international law," they said.

The bill would also require the arbitrary isolation of persons sentenced to death, further compounding human rights violations.

Discriminatory Impact on Palestinians

The UN experts warned that the proposed two-track system would apply the death penalty in a discriminatory manner. Palestinians in the West Bank would face broader criminal liability under military law, reduced due process protections and mandatory capital punishment, while Israeli settlers would remain subject to civilian law.

In Israel and occupied East Jerusalem, the death penalty would apply only to killings of Israeli citizens or residents, reinforcing unequal treatment based on nationality and legal status.

The experts recalled that the International Court of Justice has found certain Israeli policies in the occupied Palestinian territory to constitute racial segregation and apartheid, and has ruled that Israel's occupation violates international law and must be brought to an end.

"Israel does not have authority to enforce laws against Palestinians in the occupied Palestinian territory," the experts said.

High Risk of Grave Violations

Given the longstanding failings of the military legal system applied to Palestinians since 1967, the experts warned that the risk of unlawful death sentences is extremely high. They cited extensive documentation of arbitrary arrests, enforced disappearances, torture, sexual and gender-based violence, deaths in custody, excessive use of force, inhumane detention conditions and discriminatory laws by UN bodies and international, Israeli and Palestinian civil society organisations.

Call for Abolition

"We urge Israel to put an end to the death penalty, in line with the global trend towards abolition," the experts said.

They confirmed that they have previously raised concerns with the Israeli Government regarding an earlier version of the bill.

*The experts are part of the UN Special Procedures of the Human Rights Council and act in their independent capacity.