UN Rights Chief Urges Israel to Repeal Death Penalty Law Targeting Palestinians

Türk described the law as “deeply discriminatory” and incompatible with Israel’s international obligations.

The United Nations High Commissioner for Human Rights, Volker Türk, has issued a strong rebuke of Israel following the passage of a controversial new law reinstating the death penalty under provisions that primarily apply to Palestinians, warning the move could constitute grave breaches of international law.

The legislation, approved by the Israeli Knesset on 30 March, introduces capital punishment—specifically execution by hanging—for Palestinians convicted of lethal attacks against Israelis in the occupied West Bank. The law also mandates that executions be carried out within 90 days of sentencing and removes the possibility of pardon.

Türk described the law as “deeply discriminatory” and incompatible with Israel’s international obligations.

“This legislation is patently inconsistent with international human rights law, particularly the right to life,” he said. “It raises serious concerns about due process and must be promptly repealed.”

Legal and Human Rights Concerns

The UN has flagged multiple provisions in the law as problematic, including:

• Mandatory execution timelines: The requirement to carry out executions within 90 days is seen as violating international humanitarian law, which demands robust safeguards in capital cases

• Absence of clemency provisions: International law requires the right to seek pardon or commutation, which the new law does not allow

• Discriminatory application: The law is framed in a way that applies almost exclusively to Palestinians, raising concerns of unequal treatment under the law

Human rights experts warn that such provisions undermine fundamental legal protections and increase the risk of irreversible miscarriages of justice.

“The death penalty carries the inherent and unacceptable risk of executing innocent people,” Türk said. “Its discriminatory application would constitute an especially egregious violation of international law.”

Potential War Crime Implications

The High Commissioner went further, warning that applying the death penalty to residents of the occupied Palestinian territory could amount to a war crime under international law.

Legal scholars note that international humanitarian law imposes strict limits on the use of capital punishment in occupied territories, particularly where due process and non-discrimination are in question.

Broader Legislative Concerns: Proposed Special Military Court

Türk also expressed alarm over a separate bill currently under consideration in the Knesset that would establish a Special Military Court to prosecute crimes related to the 7 October 2023 attacks by Palestinian armed groups.

Key concerns include:

• Exclusive jurisdiction over Palestinians: The proposed court would not address alleged crimes committed by Israeli forces

• Departure from civilian judicial norms: International human rights law generally prohibits trying civilians in military courts except in exceptional circumstances

• Risk of institutionalised bias: The court could formalise a system of one-sided justice

“While accountability for the October 7 attacks is essential, it must not be pursued through discriminatory mechanisms,” Türk said. “All victims deserve equal protection, and all perpetrators must be held accountable without bias.”

Context: Rising Tensions and Legal Scrutiny

The legislative developments come amid heightened international scrutiny of Israel’s policies in the occupied Palestinian territories, with ongoing debates around allegations of systemic discrimination and violations of international law.

Human rights organisations have repeatedly raised concerns about:

• Fair trial standards in military courts

• Disparities in legal treatment between Israelis and Palestinians

• Broader issues related to occupation and governance

Türk warned that the new measures risk further entrenching patterns of racial segregation and apartheid, particularly if applied selectively against Palestinians.

International Legal Framework

Under international human rights and humanitarian law:

• The right to life is a fundamental, non-derogable right

• The death penalty, where not abolished, must meet strict safeguards, including fair trials and the right to appeal and seek clemency

• Military courts should not try civilians except under narrowly defined and exceptional conditions

Failure to adhere to these principles can trigger international legal consequences and accountability mechanisms.

Calls for Reversal and Reform

The UN High Commissioner has called on Israeli lawmakers to:

• Repeal the death penalty law immediately

• Reject the proposed military court legislation

• Ensure equal application of justice across all populations

“These steps risk undermining the rule of law and deepening divisions,” Türk said. “Justice must be impartial, inclusive, and grounded in universal human rights.”

The UN’s intervention underscores growing international concern over the direction of Israel’s legal framework in the context of the Israeli-Palestinian conflict. As debates intensify, the focus will remain on whether legislative actions align with global human rights standards—or further complicate an already fragile legal and political landscape.