{"id":315057,"date":"2026-02-04T11:03:12","date_gmt":"2026-02-04T16:03:12","guid":{"rendered":"https:\/\/www.un.org\/unispal\/?post_type=document&p=315057"},"modified":"2026-02-06T11:24:08","modified_gmt":"2026-02-06T16:24:08","slug":"israel-un-experts-urge-withdrawal-of-death-penalty-bill","status":"publish","type":"document","link":"https:\/\/www.un.org\/unispal\/document\/israel-un-experts-urge-withdrawal-of-death-penalty-bill\/","title":{"rendered":"Israel: Ä¢¹½ÊÓƵ experts urge withdrawal of death penalty bill"},"content":{"rendered":"
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04 February 2026<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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GENEVA<\/strong>\u00a0– Ä¢¹½ÊÓƵ experts* today urged Israel to withdraw a bill proposing the mandatory death penalty for terrorist acts, which would violate the right to life and discriminate against Palestinians in the occupied Palestinian territory.<\/p>\n

\u201cMandatory death sentences are contrary to the right to life. By removing judicial and prosecutorial discretion, they prevent a court from considering the individual circumstances, including mitigating factors, and from imposing a proportionate sentence that fits the crime,\u201d the experts said.<\/p>\n

The Bill would introduce two tracks for the death penalty. In the occupied West Bank, the death penalty would be imposed by military courts under military law for terrorist acts causing the death of a person, even if not intended. In Israel and occupied East Jerusalem, the death penalty would apply under Israeli criminal law but only for the \u201cintentional killing of Israeli citizens or residents\u201d.<\/p>\n

Under both tracks,\u00a0vague and overbroad definitions of terrorist<\/a>\u00a0offenses under Israeli law would apply, which can include conduct that is not genuinely terrorist, and the death penalty would be mandatory.<\/p>\n

The experts warned that unintentional killings are not \u2018most serious\u2019 crimes to which the death penalty can be applied under international law, thus violating the right to life. \u201cSince Israeli military trials of civilians typically do not meet fair trial standards under international human rights law and humanitarian law, any resulting death sentence would further violate the right to life,\u201d they said. \u201cDenial of a fair trial is also a war crime.\u201d<\/p>\n

\u201cThe Bill makes matters worse by allowing death sentences to be imposed by a simple majority vote of military judges, and banning any pardon or commutation, which expressly violates the right to life,\u201d the experts said.<\/p>\n

They noted that the proposed legislation further restricts access to legal counsel, fails to provide a meaningful appeal process and eliminates effective external oversight, further undermining fair trial rights. It may also be applied retroactively, in violation of international law.<\/p>\n

The Bill also arbitrarily isolates persons sentenced to death, and mandates execution by hanging within 90 days under secrecy and immunity provisions. \u201cHanging amounts to torture or other cruel, inhuman or degrading punishment under international law,\u201d the experts said.<\/p>\n

They expressed concern that the two-track system under the Bill would apply the death penalty in a discriminatory manner. \u201cOnly Palestinians in the West Bank, not Israeli settlers, are subject to wider criminal liability, military law and military courts, and less due process, and the death penalty in Israel and occupied East Jerusalem applies only to killings of Israeli citizens or residents and under regular Israeli criminal law.\u201d<\/p>\n

The experts underlined that the\u00a0International Court of Justice<\/a>\u00a0found that certain Israeli restrictions in the occupied Palestinian territory constituted racial segregation and apartheid. The Court also found that Israel\u2019s occupation violates international law and must be brought to an end. \u201cIsrael does not have authority to enforce laws against Palestinians in the occupied Palestinian territory,\u201d they said.<\/p>\n

Given the\u00a0failings of the military law<\/a>\u00a0system applied to Palestinians since 1967, the experts stressed that the risk of death sentences contravening international law is very high. Widespread arbitrary arrests and enforced disappearances, systematic violations of due process, pervasive torture, sexual and gender\u2011based violence, deaths in custody, excessive use of force, inhumane conditions of detention, and discriminatory laws and policies have been extensively documented by the\u00a0Committee against Torture<\/a>, the\u00a0Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and in Israel<\/a>,\u00a0the Ä¢¹½ÊÓƵ Human Rights Office<\/a>, Ä¢¹½ÊÓƵ human rights experts, and Israeli, Palestinian and international civil society.<\/p>\n

\u201cWe urge Israel to put an end to the death penalty, in line with the global trend towards abolition,\u201d they said.<\/p>\n

The experts have\u00a0contacted<\/a>\u00a0the Government on an earlier version of the bill.<\/p>\n

To learn more about Special Procedures of the Ä¢¹½ÊÓƵ Human Rights Council and the Question of Palestine, click here to visit the dedicated webpage.<\/a><\/strong><\/p>\n<\/div>\n<\/div>\n

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*The experts:<\/strong><\/p>\n