Israel Passes Law Making Death by Hanging Default Sentence for Palestinians Convicted of Deadly Attacks

What the Law Does

On Monday, March 30, Israel's Knesset passed a law making death by hanging the default sentence for Palestinians convicted in military courts of deadly attacks deemed acts of terrorism. The vote was 62 in favor out of 120 members of parliament. Prime Minister Benjamin Netanyahu voted in favor. (Source: Reuters, March 30, 2026.)

Specifically, the legislation makes the death penalty the default punishment for Palestinians in the Israeli-occupied West Bank found guilty of intentionally carrying out deadly attacks classified as terrorism by a military court. The law allows courts to impose the death penalty without a formal request from prosecutors and without requiring a unanimous verdict - a simple majority suffices. (Source: The Guardian, March 31, 2026; Reuters, March 30, 2026.)

Executions are to be carried out within 90 days of sentencing, with some allowance for delay but no right to clemency. The law provides an option of imposing life imprisonment instead of capital punishment, but only in unspecified "special circumstances." Israel's public broadcaster KAN reported that executions would be carried out by hanging. (Source: Reuters, March 30, 2026; The Guardian, March 31, 2026.)

Those sentenced to death under the law would be held in a separate facility with no visits except from authorized personnel, and legal consultations conducted only by video link. (Source: The Guardian citing the bill, March 31, 2026.)

Who It Applies To - and Who It Doesn't

The law applies to Palestinians tried in West Bank military courts. It does not apply to Jewish Israeli citizens convicted of similar crimes - a distinction that has become the central focus of international and legal criticism. Reuters reported: "The law would only apply to Israelis convicted of murder whose attacks aimed at 'ending Israel's existence,' meaning it would mete out the death penalty for Palestinians but not for Jewish Israelis who committed similar crimes, critics say." (Source: Reuters, March 30, 2026.)

The Association for Civil Rights in Israel described the law as "an act of institutionalized discrimination and racist violence against Palestinians" and filed an appeal against the law with Israel's Supreme Court. (Source: Reuters, March 30, 2026.)

Human Rights Watch's deputy Middle East director, Adam Coogle, stated: "Israeli officials argue that imposing the death penalty is about security, but in reality it entrenches discrimination and a two-tiered system of justice, both hallmarks of apartheid." (Source: The Guardian, March 31, 2026.)

Israel's History With the Death Penalty

Israel abolished the death penalty for murder in 1954. Only one person has ever been executed in Israel after a civilian trial: Adolf Eichmann, the Nazi SS official who was a key architect of the Holocaust. Eichmann was captured in Argentina by Israeli intelligence, tried in Jerusalem, convicted, and executed on June 1, 1962. (Source: Reuters, March 30, 2026; The Guardian, March 31, 2026.)

Military courts in the occupied West Bank have had the legal authority to sentence Palestinian convicts to death but have not done so. The new law changes the structure of that authority - making the death penalty a default rather than an option, and removing the requirement for prosecutorial initiation or a unanimous verdict. (Source: Reuters, March 30, 2026.)

The New York Times noted: "The death penalty has long been legal in Israel, but only two people have been executed in the country's 78-year history." The second was also the Eichmann case (Eichmann's accomplice John Demjanjuk was acquitted on appeal and deportation rather than execution was ultimately used in that case). (Source: New York Times, March 30, 2026.)

Political Context: Ben-Gvir and the Far Right

The law was promoted by National Security Minister Itamar Ben-Gvir, described by Reuters as a far-right minister. In the run-up to the vote, Ben-Gvir wore noose-shaped lapel pins in parliament. Following the passage of the bill, he stated: "This is a day of justice for the murdered, a day of deterrence for enemies. Whoever chooses terror chooses death." (Source: Reuters, March 30, 2026; Times of Israel.)

Netanyahu reportedly asked for some elements of the legislation to be softened in an effort to head off international backlash, per Israeli media cited by Reuters. Nonetheless, he voted for the bill. (Source: Reuters, March 30, 2026.)

The New York Times described the law as "a victory for Israel's far right" and said it "reflects the country's shift to a harder line against Palestinians in the wake of the Hamas-led attack on Israel on Oct. 7, 2023, and the Gaza war that followed." (Source: New York Times, March 30, 2026.)

International Condemnation

The UN High Commissioner for Human Rights, Volker Türk, issued a statement describing the law as "patently inconsistent with Israel's international law obligations, including in relation to the right to life." He added that it "raises serious concerns about due process violations, is deeply discriminatory, and must be promptly repealed." Türk stated: "Its application in a discriminatory manner would constitute an additional, particularly egregious violation of international law. Its application to residents of the occupied Palestinian territory would constitute a war crime." (Source: The Guardian, March 31, 2026.)

The European Union's spokesperson, Anouar El Anouni, said in Brussels: "The death penalty bill in Israel is very concerning to us in the EU. This is a clear step backwards - the introduction of the death penalty, together with the discriminatory nature of the law." (Source: The Guardian, March 31, 2026.)

Spanish Prime Minister Pedro Sánchez wrote on X: "It is an asymmetric measure that would not apply to Israelis who committed the same crimes. Same crime, different punishment. That is not justice. It is a step closer to apartheid." (Source: The Guardian, March 31, 2026.)

Germany's government spokesperson Stefan Kornelius stated: "The German government views the law passed yesterday with great concern. The rejection of the death penalty is a fundamental principle of German policy," adding that the law "would likely apply exclusively to Palestinians in the Palestinian territories." (Source: The Guardian, March 31, 2026.)

Palestinian President Mahmoud Abbas condemned the legislation as "a breach of international law." His office stated: "Such laws and measures will not break the will of the Palestinian people or undermine their steadfastness." Hamas and Palestinian Islamic Jihad called on Palestinians to launch retaliatory attacks. (Source: Reuters, March 30, 2026.)

Legal Challenges

The Association for Civil Rights in Israel has already filed an appeal with the Israeli Supreme Court. The Supreme Court has in the past struck down legislation it deemed unconstitutional, though it has been in ongoing political tension with Netanyahu's coalition, which has sought to limit judicial review powers. (Source: Reuters, March 30, 2026.)

The law passes at a moment when Israel is already under international legal scrutiny - South Africa's genocide case at the International Court of Justice regarding Gaza remains ongoing, and the International Criminal Court issued arrest warrants for Netanyahu and former Defense Minister Yoav Gallant in November 2024 in connection with conduct in Gaza. This article notes those proceedings as context; their outcomes are separate legal matters from the new legislation. (Source: public record.)