UN Torture Expert Warns Israel’s New Death Penalty Law Risks Violating International Law

“The selective application of capital punishment on ethnic, national or political grounds constitutes a stark form of discriminatory harm,” Edwards said.

A United Nations human rights expert has raised serious alarm over Israel’s newly adopted death penalty legislation, warning that it could lead to grave violations of international law, including breaches of the absolute prohibition on torture and discrimination.

Alice Jill Edwards, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, said the law—passed by the Israeli Knesset on 30 March 2026—marks a significant and concerning shift in the country’s legal framework.

Concerns Over Torture and Irreversible Harm

“The death penalty can rarely be applied without causing terrible suffering,” Edwards stated, emphasizing that capital punishment often conflicts with the global prohibition on torture and ill-treatment.

The law allows for the imposition of the death penalty by military courts on individuals convicted of carrying out deadly attacks classified as terrorism, particularly where intent is framed as denying the existence of the State of Israel.

Edwards warned that such provisions raise the risk of severe human rights violations, particularly in contexts where detention and interrogation practices have previously been criticised.

Risk of Discriminatory Application

A central concern highlighted by the UN expert is the potential for unequal application of the law between Palestinians and Israelis.

“The selective application of capital punishment on ethnic, national or political grounds constitutes a stark form of discriminatory harm,” Edwards said.

She cautioned that any justice system allowing differential treatment undermines the fundamental principle of equality before the law, a cornerstone of international human rights standards.

Due Process and Wrongful Convictions

The Special Rapporteur also warned that the accelerated passage of the law could weaken due process safeguards, increasing the likelihood of wrongful convictions.

Particularly troubling, she noted, is the possibility that convictions could rely on:

• Coerced confessions

• Evidence obtained through torture or ill-treatment

• Inadequate legal protections in military court proceedings

“In such systems, the expansion of the death penalty carries an acute and irreversible risk,” Edwards said, stressing that execution eliminates any possibility of correcting judicial errors.

Break from Longstanding Practice

Although Israel has historically maintained a de facto moratorium on executions, the adoption of this law represents a notable departure from that position and contrasts with the global trend toward abolition of capital punishment.

International human rights bodies have increasingly called for the elimination of the death penalty, citing:

• Lack of proven deterrent effect

• Risk of irreversible miscarriages of justice

• Incompatibility with human dignity

Calls for Reconsideration and Legal Review

Edwards has urged:

• The Israeli Parliament to reconsider and repeal the law

• The Israeli Supreme Court to review its compatibility with international obligations

She emphasized that Israel must uphold commitments under international law, including:

• The prohibition of torture

• The principle of non-discrimination

• Guarantees of fair trial and due process

Ongoing Monitoring

The Special Rapporteur confirmed that she had previously raised these concerns with Israeli authorities and will continue to monitor developments closely.

The adoption of the law is expected to intensify international scrutiny of Israel’s legal and human rights framework, particularly in the context of ongoing regional tensions.