Death Penalty for Palestinian Prisoners: Institutionalizing Violence Under the Guise of Law
Mehr News Agency, International Desk, Mohammadreza Moradi: The approval of the draft “Palestinian Prisoners death Penalty Law” in its first reading in the Israeli Knesset marks one of the moast hazardous legal and political developments in the history of conflict between Palestine and the Zionist regime. Initiated by the far-right party Otzma Yehudit and supported by Interior minister Itamar Ben-Gvir, this legislation authorizes explicit capital punishment for any palestinian accused of killing Israelis “based on ethnic or ideological motives.” This step not only constitutes a blatant violation of fundamental human rights principles but also signals an intensification of fascistic tendencies within Israel’s decision-making structures toward Palestinians.Whereas deaths in Israeli prisons previously resulted from torture, starvation, or medical negligence, today such deaths are legalized and officially recognized.
Historical and legal Context
As Israel’s occupation of the West Bank and Jerusalem in 1967, its judicial system has rested on three pillars: first, military orders replacing civil laws; second, military courts largely prosecuting Palestinians; third, administrative detentions without trial based on secret evidence.
This framework has effectively nullified classical justice within occupied territories. Over one million Palestinians have been detained since occupation began. Around 10,000-including hundreds of children, women, and elderly-remain imprisoned under these conditions.
Within this context, the death penalty law cannot be seen simply as a legal reform but must be understood as a natural extension of structural control and repression practiced since occupation commenced. This law represents a final link in a chain encompassing discriminatory legislation from administrative detentions to land confiscations to collective punishments.
Political and Ideological Background Behind Adoption
The draft presented to the Knesset states: “Anyone causing an Israeli’s death due to hostility against Israel or Jewish people shall be sentenced to death with no court authority for reduction or pardon.” This shifts criminal liability from “actual deeds” toward “political or ideological intent.” The rise and entrenchment of extreme right-wing ideology within Israeli society facilitated such decisions. Since october 2023’s Gaza war outbreak-and following Al-Aqsa storm operations-politicians like Ben-Gvir and Smotrich exploited revenge sentiments to advance hardline policies.
Amid escalating tensions,slogans like “trial and execution for terrorists” became mainstream rhetoric while official cabinet policy centered on “security through elimination.” Although violence was always part of Israeli strategy against Palestinians,the severity embedded in this new statute prompted criticism even among domestic voices within israel itself.
Israeli media outlets including Haaretz have warned that such laws amount to an “indelible stain” on (the fictive) Israel’s historical record – revealing movement towards retaliatory nationalism coupled with legalized racial discrimination. These warnings stem especially from international isolation responding to measures likely only deepening Israel’s global estrangement.
Legal & International Consequences
The Palestinian prisoners’ death penalty law flagrantly violates several core tenets under international law: Article 3 common to Geneva Conventions (1949) forbids executions relating to prisoners-of-war; The International Covenant on Civil And Political Rights (1966) designates life as non-derogable right; principles prohibiting discrimination plus judicial equality are foundational elements underpinning modern human rights frameworks.
The military courts tasked with issuing death sentences lack independence according to international bodies because judges are army officers subordinate to military command structures. In this very way verdicts stem more from administrative-security considerations than genuine judiciary processes – undermining their legitimacy globally. Moreover,this statute breaches basic non-discrimination norms by applying solely against Palestinians while excluding Jewish perpetrators guiltyof homicide.Among others,Haretz described it accuratelyas “Arab Death penalty Law,”not merely “Terrorists Death Penalty Law.”
The Reality Inside Prisons & Everyday Violence
In practice,the last few years transformed Israeli prisons into focal sites for human rights violations.In 2023 alone,during Gaza war over eighty Palestinian detainees perished.Reportsby rights groups including Nadi al-Asir(Prisoner Club)and Hay’at shu’un al-Asri confirm ongoing torture,deprivation,persistent beatings,and even illicit organ harvestingfrom fallen detainees.Ben-Gvir himself frequently paraded prisoners degradingly inside detention centersstating: “This isthe treatment they receive-with execution now beingthe last remaining step.”Thedeath penalty thus does not represent anew chapterbut formalizestheresidents’ earlier extrajudicial lethal policies.Previously,”silent deaths”through tortureand neglectnow surface asa legalized publicexecution mechanism.
Lawmaking as Domination Tool
Froma theoretical perspective,thePalestinian prisoners’death sentence enactment epitomizes what Norwegian sociologist Johan Galtung termsstructural violence-a societal organization purposefully keepinggroups systematically powerless.Ontathis basis,the new rule isn’t designed toprevent crimesbut aims at reinforcing hegemony.The salient objective is prisoner elimination whatever themeans.Meaningfully,thislawembodiestheultimate expressionofZionism’sideology rooted historicallyin eradicating’the other’-now accomplished legallyinsidecourtroomsratherthanbattlefields.
Conclusion
A thorough analysis clarifiesthis draft doesnotconstitute anew juridical episodebut reaffirmsa continuationofa historic state practice basedonviolenceandexclusionfromZionistregimefoundingdaysin1948.Armed massacres,mass displacement,and oppression were core tools forthe regime’s survival.today,samelegacyperpetuates an institutionalizedlegal frameworkmakingatrocitiesofficial parliamentary acts.Rather than subterranean crimes,israel declares killinglegalwhile codifyinglawasa weaponofdread.TheLegislation extends decadeslong strategies-fromdestroyedPalestinianvillages during ’48war,gaza siegesadministrative arrests,on-the-spot executions,todemolishing homes-all showingthattoday’s ‘legal executions’representan ultimate crescendoinan anti-otherpolicy.
Passageofthis lawremoves facadeexposing enduring brutal realitiesoperatingunderneathZionist rule.Its emergence connects directlytocurrentmilitary-politicalrealities:IsraeliarmyfailuresduringtwoyearGaza conflict,weakenedmilitary capabilities,failuretoretrieve captivesinhandsor resistance groups,resultinginterminalbreakdownofdeterenceplacetheregime inacrisis.Politicians seekredressivelegislativesto masktheir combatdefeatwithinternal brutality.Morethansignalsa showofs trengththese revealdesperationandsystemicdisarray:Aregimethat failed armed struggle lashes impotently at defenseless inmates.Moreoverinternationallyisolatedoverchargesrelated approximatelycoxead.Such imprisonments aimatrightwingandreligiousfactionsdomestic consolidation.Actually,suchpoliciesonlyhighlightIsrael realityrevealinghidden fascisticracistsystemobservingthedominanceofanexecutionarycode ratherthanruleoflaw.
International DirectorEconomic foreignnewsdepartment – MehrNewsAgency
