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UN says Israeli Death Penalty on Palestinians is “cruel and discriminatory”

The UN, along with European member states, have condemned Israel's new law, citing savagery and broader racial implications

United Nations, New York City

Sphinx News: Ahmed Ali

As of yesterday, Israel’s parliamentary body, the Knesset, has approved legislation that seeks the death penalty for Palestinians convicted of committing “acts of terror” against Israelis. The passing of the bill has raised international denunciation, where both the United Nations, along with a joint European statement, have described such a law as discriminatory, potentially reinforcing an entrenched system of racial bias.

The law, which enters into effect within 30 days, was approved on Monday in the 120-seat Knesset by 62 lawmakers, including Prime Minister Benjamin Netanyahu, with 48 voting against it and one abstention.

The passage of the bill was met with jubilation by parliament members of Israel’s far right, with National Security Minister Itamar Ben-Gvir having pushed for its enactment as one of the main conditions of his Otzma Yehudit (Jewish Power) party’s coalition agreement with Netanyahu and his Likud party.

The Palestinian Authority called the bill “a war crime against the Palestinian people”, saying that it breached the Fourth Geneva Convention, “particularly the protections it guarantees for individuals and the safeguards for fair trials”.

In its implementation, the new law instructs military courts trying only West Bank Palestinians, who are not Israeli citizens, to impose the death sentence for “acts of terror” committed against Israelis.

Under international law, as mentioned in Security Council Resolution 242, along with other documents, Israel’s occupation of the West Bank is illegal, raising broader speculation on the parliament’s jurisdiction over the enclave.

The apprehension behind the recently passed legislation was echoed by states in Europe, where the foreign ministries of France, Germany, Italy, and the United Kingdom all raised significant concerns over the implicit racism of the bill’s contents. Released on Sunday, the statement read, “We are particularly worried about the de facto discriminatory character of the bill. The adoption of this bill would risk undermining Israel’s commitments concerning democratic principles.”

The United Nations has additionally mounted massive polemics, contending that the bill’s content raises a precedent of racial inhibition, implied in the bill’s absence for indicting similar “acts of terror” perpetrated by Jews. Standing firm against any legislation or efforts condoning the use of capital punishment, Spokesman for the Secretary-General, Stéphane Dujarric, told reporters today, “The Secretary-General’s position is very clear. We stand against the death penalty in all its aspects, wherever. The discriminatory nature of this particular law makes it particularly cruel and discriminatory, and we ask that the Israeli Government rescind it and not implement it.”

While the United Nations and other civil society organizations call for its abrogation, National Security Minister Itamar Ben-Gvir was elated at the Knesset’s decision, seen drinking champagne with party members afterwards. An astute supporter of the bill’s contents, critical for its design and passage, Ben-Gvir was seen in the Knesset before voting began, wearing a pin featuring a small metal noose on his lapel. It read: “From today, every terrorist will know, and the whole world will know, that whoever takes a life, the State of Israel will take their life.”

However, minutes after the law was passed, the Association of Civil Rights in Israel said it had filed a petition with Israel’s Supreme Court to challenge it, describing it as “discriminatory by design” and “enacted without legal authority” over West Bank Palestinians.

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