Israel: what does the death penalty for terrorists mean?
The Israeli parliament has voted to introduce the death penalty for terrorists. Of 120 members, 62 voted in favour of the legislation initiated by National Security Minister Itamar Ben-Gvir of the far-right Otzma Yehudit party. The law applies to deadly attacks deemed acts of terrorism by military courts in the occupied territories – meaning that in practice it applies only to Palestinians. Europe's press is alarmed.
Glaring injustice becomes law
The Frankfurter Rundschau is appalled:
“[The law] is a slap in the face for all those striving for a democratic, egalitarian Israel. Not all terrorism is equal; that is the central message of the law. In other words: not all human lives are equal. ... Instead of taking action against the increasing settler terrorism in the West Bank, Netanyahu's coalition is working to enshrine in law a glaring injustice. It is scandalous that only a small number of parliamentary parties are speaking out loudly against it.”
Incompatible with the civilised world
Phileleftheros criticises the one-sided nature of the bill:
“The draft law concerns only Arab terrorism. Crimes committed by extremists against Arabs are far less frequent and not comparable in numeric terms, yet they are still crimes. Some perpetrators are convicted and imprisoned, many get off scot-free or are later acquitted, but be that as it may: a law that does not cover these cases is extremely problematic, both legally and morally. … The passing of this bill, especially by one of the most liberal countries in the world, certainly won't help Israel and it is incompatible with the times and the civilised world to which Israel belongs.”
Neither pardons nor milder punishment
The draft bill removes almost all legal obstacles to the application of the death penalty, explains Rzeczpospolita:
“It stipulates hanging as the sole method of execution; the Israeli Medical Association had previously rejected the use of the lethal injection for executions. Furthermore, Palestinians sentenced to death by military courts will be unable to seek either a pardon or a milder punishment. ... Critics of the law point out that the corresponding provisions in the US cited by supporters require a unanimous jury verdict, whereas in Israel a simple majority of judges will suffice to hand down a death sentence.”
Validation of apartheid accusations
After talking to former prisoners, Dagens Nyheter writes about the already precarious conditions for Palestinians in Israeli jails:
“Far too little food, vermin, constant harassment by the guards and no contact at all to the outside world. But at least there was the chance that they would come out alive. Many around the world accuse Israel of running an apartheid system, treating people differently depending on their origins. Sometimes this criticism is unjustified. But a law that permits the death penalty – and for only one of two population groups – plays right into their hands.”
Violation of international treaties
La Repubblica looks back at the last execution in Israel:
“And to think that Israel abolished the death penalty in 1954, retaining it only for war crimes, crimes against humanity and certain offences under military law. Furthermore, it had only been used twice, and that was a very long time ago. The last time was in 1962 with the execution of Adolf Eichmann. In fact, during the National Security Committee's internal preparatory discussions, Lilach Wagner, a lawyer from the Ministry of Justice, together with representatives of the army, warned that the introduction of the death penalty in the West Bank [and Gaza] via civil law was 'highly problematic' from a legal point of view, contravening all international treaties of which Israel is a signatory, including the 2007 United Nations moratorium on executions.”