Israel's Death Penalty Law Sparks Council of Europe Suspension Threat
Israel's national security minister, Itamar Ben-Gvir, celebrated after the Knesset passed legislation making the death penalty a default sentence for Palestinians convicted in military courts of deadly attacks. This move has triggered a significant backlash from international human rights bodies.
Council of Europe Issues Warning Over Observer Status
Petra Bayr, president of the Parliamentary Assembly of the Council of Europe (Pace), stated that Israel's observer status could be suspended due to the new law. She emphasised that abstaining from capital punishment is a fundamental requirement for observer status at the pan-European human rights organisation, which operates independently of the EU.
Bayr indicated that suspension might occur until Israel reverses the law or ensures it does not take effect. She highlighted that even a non-discriminatory death penalty violates core principles, stating, "There are red lines ... even a non-discriminatory death penalty is a no-go."
Legal and Human Rights Implications
The law specifically targets Palestinians convicted of deadly acts of terror in military courts within occupied territories. In contrast, Palestinians facing similar charges in Israel's civilian courts may receive the death penalty or life imprisonment. Jewish Israelis are effectively shielded by a provision limiting the law to murders committed with "intent to deny the existence of the state of Israel."
Human rights groups have already petitioned Israel's supreme court to overturn the legislation, arguing it is discriminatory and violates international norms. Israel abolished the death penalty for most crimes in 1954, with the last execution being Nazi war criminal Adolf Eichmann in 1962.
Historical Context and Broader Concerns
Israel has held observer status at the Strasbourg-based assembly since 1957, an entity dedicated to promoting democracy and human rights across Europe. Officials note that no parliament has previously lost this status, though Russia faced sanctions over its actions in Crimea and Ukraine.
Israel's observer status was already under scrutiny following a motion last June urging compliance with international humanitarian law in Gaza, citing issues like starvation and lack of medical care. Bayr suggested that a decision on this motion could advance by June if fast-tracked, potentially incorporating statements on the death penalty.
Political Reactions and Future Steps
Meirav Ben-Ari, an Israeli opposition politician leading the delegation to Pace, condemned the law as "entirely contrary to my worldview and that of many Israelis." She expressed confidence that the judiciary would strike down its provisions and urged Pace to avoid extreme measures to maintain collaborative efforts.
The assembly is set to vote on April 22 on a report by Dutch leftwing MP Gala Veldhoen, which strongly urges Israel to maintain its abolition of the death penalty for ordinary crimes and refrain from discriminatory expansions. This vote underscores the ongoing international pressure against the legislation.
