In the coming days, the Israeli Parliament (the Knesset) is expected to vote on a bill allowing courts to impose the death penalty on people accused of terrorism.
As Israel moves forward with its consideration of this bill, Raphaël Chenuil-Hazan, director of ECPM, states: “The adoption of this law would constitute a major step backwards for a state that has not carried out an execution following a death sentence handed down by a court for more than six decades.“
Using the death penalty against terrorists means that a democracy is embracing the values of those terrorists.
Robert Badinter
The provisions of the bill are contrary to international law. In a joint statement, United Nations Special Rapporteurs expressed concern about the two-track system provided for in the bill: “Only Palestinians in the West Bank, not Israeli settlers, are subject to wider criminal liability, military law and military courts, and less due process, and the death penalty in Israel and occupied East Jerusalem applies only to killings of Israeli citizens or residents and under regular Israeli criminal law.”
Raphaël Chenuil-Hazan reiterates that : “The death penalty must not be imposed in a discriminatory manner, which would be contrary to the requirements of Article 2(1) and Article 26 of the International Covenant on Civil and Political Rights.“
This draft law also contravenes Israel’s Basic Laws, which have constitutional status, in particular the Basic Law on Human Liberty and Dignity of 1992. Article 2 of this Law, entitled “Preservation of Life, Body, and Dignity”, states: “There shall be no violation of the life, body, or dignity of a person as such. “
ECPM calls for the withdrawal of this bill and draws attention to five points:
- Contrary to what some politicians suggest, there is no national consensus on the subject. Several professional bodies have strongly opposed the adoption of this legislation, including the entire security establishment (the vast majority of military and intelligence officials until recently), doctors, rabbinical authorities, etc.
- The death penalty is not a deterrent anywhere or under any circumstances. States that apply the death penalty to terrorists have in no way reduced terrorism, quite the contrary.
- It does not make societies safer, even in situations involving prisoner-hostage exchanges.
- The death penalty perpetuates the cycle of violence, revenge, and suffering, whereas justice should aim to repair society.
- The death penalty is an obstacle to the truth – The right to the truth is the right to know the absolute and complete truth about the crimes that have been committed, the circumstances, the individuals who participated in them, and the reasons that motivated them.
