Abolish the Death Penalty Law
On March 30, 2026, ACRI filed a petition with the Supreme Court demanding the repeal of the Death Penalty for Terrorists Law, minutes after it passed its second and third readings in the Knesset. The law mandates the death penalty by hanging (with limited exceptions) in the military courts in the territories for Palestinian defendants convicted of murder on a terror-related basis, and either the death penalty or life imprisonment in the courts in Israel for anyone convicted of murder under circumstances of terror committed with the intention of denying the existence of the State of Israel. The punishment is expected to apply only to Palestinians, since only they are tried in the military courts, and within Israel, the definition of “denying the existence of the State of Israel” ensures that the death penalty will not be imposed on Jews.
ACRI's petition argues that this is a cruel legislative amendment that creates a dual and discriminatory legal system based on ethnicity, deepening racial segregation. The military courts have a harsher system intended only for Palestinians, in which the death penalty is the default, conviction is by a simple majority (as opposed to by a unanimous panel of judges), and there is no right to a pardon; compare with the more lenient arrangement in civilian courts in Israel, where Jews are tried (even if they live in the West Bank).
Additionally, the Knesset is not authorized to legislate directly for the West Bank, since the military commander is the legal sovereign in the occupied territory. The Knesset imposing legislation on the West Bank constitutes “de facto” annexation, which is against international law. The Death Penalty Law also contravenes international conventions binding on Israel.
This abominable and repugnant law causes irreversible harm to the right to life, the right to dignity, the right to due process, and the right to equality. This is especially true given the short timeframe (90 days) for carrying out the sentence, which prevents the correction of wrongful convictions.
There is nothing that justifies the existence of this law. The supposed factual basis for the need for the death penalty is flawed, as there is no proof that the death penalty deters terrorism or ideological attackers. In addition, the law is incompatible with Israel’s values as a democracy. Indeed, extensive comparative legal data demonstrate a clear global trend toward abolishing the death penalty, which today is primarily associated with authoritarian regimes. The ultimate purpose of the law is vengeance and racism rather than an actual fact-based or security need.
Together with the petition, ACRI filed a motion for an interim order to freeze the law's implementation pending a ruling on the petition. On May 19, 2026, after the military commander signed an order incorporating the death penalty law's provisions into military law, we filed a motion for a temporary order to freeze the commander's order until a decision is reached on the motion for an interim order. The following day, the court rejected the motion on the grounds that there is currently no concrete case to which the order's provisions would apply.
On May 24, 2026, the State filed its response to the motion for an interim order, requesting that a hearing be scheduled, and if a defendant were convicted of an offense punishable by death under the law, it would immediately notify the court before the beginning of sentencing arguments. A hearing on the petition was scheduled for January 18, 2026.
HCJ 76417-03-26 The Association for Civil Rights in Israel v. The Knesset
Attorneys: Elza Bugnet, Nitsan Ilani, and Oded Feller
The petition, March 30, 2026 (Heb)
For a full list of legal correspondence, see here (Heb).
