Death penalty legislation affecting Palestinians has raised serious humanitarian and legal concerns following the Israeli Knesset’s adoption of new legislation on 30 March 2026.

Palestine Aid is deeply concerned that the legislation risks applying primarily, if not exclusively, to Palestinians, particularly those tried within Israel’s military court system in the occupied West Bank. Humanitarian and human rights organisations have warned that the law could create a discriminatory regime of capital punishment against Palestinians.

This statement is issued as part of Palestine Aid’s humanitarian and advocacy work to protect Palestinian civilians, children, detainees, and communities affected by conflict, occupation, displacement, and violations of international humanitarian law.

Palestine Aid does not support or oppose any political party, government, or candidate. Our concern is rooted in our charitable purposes, our commitment to human dignity, and the protection of vulnerable Palestinian communities under international humanitarian and human rights law.

A deeply concerning legal development

The new legislation expands the use of the death penalty in both military and civilian courts. In the occupied West Bank, excluding East Jerusalem, the law makes the death penalty the default sentence for certain intentional killings classified as acts of terrorism under Israeli legislation.

Israeli settlers living in the same occupied territory are excluded from this military court framework and are instead subject to Israel’s civilian legal system. This creates serious concerns about unequal treatment before the law. Palestinians in the occupied West Bank are tried in military courts, while Israeli settlers are generally tried in civilian courts.

Human rights organisations have warned that military courts may impose capital punishment by a simple majority, even without a prosecutorial request. Sentences may not be commuted or pardoned and may be carried out within 90 days.

There are also serious concerns that the legislation introduces an execution process characterised by secrecy, limited access to legal counsel, and restricted external oversight.

International law and fair trial concerns

The death penalty is irreversible. Any use of capital punishment must, at the very least, comply with strict international safeguards, including non-discrimination, fair trial rights, due process, the right to appeal, and the right to seek pardon.

In this case, humanitarian and human rights organisations have raised serious concerns that the law undermines these safeguards in a context where Palestinians are already subject to a separate military court system.

The concerns raised relate to core protections under international humanitarian and human rights law, including principles reflected in the Fourth Geneva Convention, the Hague Regulations, the International Covenant on Civil and Political Rights, and the Convention Against Torture.

Where there are credible concerns about discrimination, arbitrary detention, torture, coerced confessions, lack of legal representation, and restricted access to independent monitoring, the risk of irreversible injustice is extremely grave.

Protection of Palestinian children and detainees

Palestine Aid is particularly concerned about the potential impact on Palestinian children and young people.

Palestinian children are already prosecuted through military courts, and child rights organisations have repeatedly raised concerns about detention, ill-treatment, administrative detention, lack of legal safeguards, and restricted access to lawyers and independent monitors.

Any death penalty legislation that fails to clearly and fully protect children from its application must be condemned in the strongest terms. Children must never be exposed to the threat of capital punishment.

Palestine Aid also remains deeply concerned about the treatment of Palestinian detainees, including reports of mistreatment, denial of medical care, limited access to legal support, and restrictions on independent oversight.

Wider humanitarian context

This legislation must be understood within the wider humanitarian and protection context facing Palestinians.

In Gaza, civilians continue to endure catastrophic humanitarian conditions, including displacement, destruction of infrastructure, severe restrictions on aid, and the collapse of essential services. In the West Bank, Palestinian communities continue to face settler violence, movement restrictions, forced displacement, home demolitions, land seizure, and attacks on essential infrastructure.

Humanitarian and human rights organisations have also raised concerns about settlement expansion, forced evictions of Palestinians in East Jerusalem, attacks on UNRWA facilities, restrictive measures affecting international NGOs, restrictions on religious freedoms, attacks on journalists, reports of torture and mistreatment of Palestinian prisoners, and denial of access to international officials.

The adoption of this death penalty legislation adds to the urgent need for stronger international action to protect Palestinian civilians and uphold international law.

International concern

A joint statement by humanitarian and human rights organisations, later republished on the United Nations Question of Palestine platform as a non-UN document, warned that the legislation could create a discriminatory regime of capital punishment against Palestinians.

The publication of the statement on the UN platform does not mean that the United Nations endorsed the statement, but it does reflect the seriousness and international relevance of the concerns raised by civil society organisations.

The International Court of Justice’s Advisory Opinion of 19 July 2024 also highlighted the obligations of states in relation to Israel’s presence in the occupied Palestinian territory. In light of these developments, governments must ensure that their policies, trade, diplomatic engagement, and wider relationships are consistent with their obligations under international law.

Palestine Aid’s call for action

Palestine Aid calls on the UK Government, parliamentarians, the European Union, and international partners to use all appropriate diplomatic, legal, and humanitarian channels to:

1. Urge the repeal of legislation that risks discriminatory application against Palestinians.
2. Oppose any use of the death penalty within a system that raises serious concerns about discrimination, due process, and fair trial rights.
3. Uphold international humanitarian and human rights law, including safeguards against torture, arbitrary detention, coerced confessions, and unequal treatment before the law.
4. Protect Palestinian civilians, children, detainees, and communities affected by conflict, occupation, and displacement.
5. Support independent humanitarian, legal, and civil society organisations working to monitor violations and protect vulnerable communities.
6. Ensure that all UK and international policy, trade, and diplomatic engagement is consistent with stated opposition to the death penalty and obligations under international law.
7. Take meaningful steps to prevent support, directly or indirectly, for policies and practices that contribute to violations of international law in the occupied Palestinian territory.

Our position

Palestine Aid stands firmly against all forms of collective punishment, discrimination, arbitrary detention, torture, unlawful killing, and the use of the death penalty.

Our position is humanitarian, principled, and rooted in the protection of life and dignity. We believe that every civilian, every child, every detainee, and every vulnerable person must be protected under international law, without discrimination.

At a time when Palestinian communities are facing displacement, siege, detention, violence, and the erosion of basic legal protections, silence is not neutrality.

The UK, the European Union, and the wider international community must act with urgency, consistency, and moral clarity.

Date Published: 15 May 2026