After the Approval of the Law to Execute Palestinian Captives — What Comes Next?
The new law regarding the execution of
Palestinian captives raises a pivotal question about the Israeli occupation's
actual ability to implement it in practice. Until now, a Palestinian convicted
of killing Israelis would be sentenced to multiple life terms, and there are
currently up to approximately 200 captives in occupation prisons to whom this
applies. Since the law was not passed with retroactive effect, its enforcement
against this category will not be possible.
The Reality of Legal Implementation and
the Fate of Gaza's Captives
Yet the greater challenge concerns
approximately 1,200 captives from the Gaza Strip whom Israel detained after
October 7th and classified as "unlawful combatants" without trial —
making them the most prominent target for any future application of the law
through military tribunals that could lead to death sentences. This is despite
the fact that, according to legal experts, these captives from the Gaza Strip
are supposed to be governed by a separate law, and the new law cannot be
applied to them.
However, Itamar Ben Gvir,
Israel's National Security Minister, appears enthusiastic about the idea of
executing them — whether through this law or a separate one — on the basis that
the passage of the execution law represents a precedent in entrenching the very
concept of capital punishment within the occupation's legislation.
The Political Backgrounds of the Law and
the Internal Positions Within the Occupation
To fully grasp the dimensions of this
law, we must first understand its reality. The law, passed by the Knesset in
its second and third readings, represents a qualitative shift in the
occupation's military judiciary system. Whereas a death sentence was previously
contingent upon the unanimous agreement of judges and a request from the
prosecution, it is now sufficient for it to be issued by a majority, without
requiring a request from the prosecution.
Furthermore, the authority of the army
commander to grant pardons or commute sentences has been revoked, and an
amendment was introduced prohibiting the government from releasing any
individual convicted, suspected, or charged with a crime punishable by death —
effectively closing the door on any future prisoner exchange deals.
Additionally, the execution timeframe was set at ninety days, extendable once
by a decision of the Prime Minister.
The impact of the law is not limited
to its procedures, but is also reflected in its discriminatory nature. It
applies exclusively to Palestinians in the West Bank and Gaza Strip, without
extending to Jews who fall under the civil law of the occupation state — making
it an extension of a dual judicial system built on an explicitly racial basis.
Although Ben Gvir had put forward this
law as part of his 2022 electoral platform, its final passage was not fully in
line with his original vision. He was unable to impose the mandatory
application of the death sentence on judges, who retained the discretion not to
issue such a ruling. He also failed to pass the clause applying the law
retroactively — something he had vocally demanded at every turn over the past
four years. This is linked to pressure exerted by Netanyahu, who sought to
preserve a margin of maneuver in the face of European criticism, despite
personally attending the voting session to ensure the law's passage, drawing on
broad support within Israeli public opinion.
As for internal opposition within the
occupation state, it came from various angles. The Israeli left, represented by
human rights organizations, argued that the law damages the occupation state's
image internationally, and turned to the Supreme Court to challenge it as
discriminatory. However, this path collides with the reality of a fierce
conflict between the government and the judiciary — which weakens the chances
of its repeal, and may even transform it into a tool within a broader battle
for control over the judicial system. That is, unless the left sees this as its
opportunity to undermine Prime Minister Benjamin Netanyahu's ability to
dominate the judiciary — a longstanding battle that began with the formation of
this government in 2022 and has yet to conclude.
The army, meanwhile, expressed
security concerns about potential retaliatory repercussions among Palestinians
— a position previously adopted by Haredi religious authorities before they
later reversed it in the context of political deals tied to the budget.
In light of all this, the law appears
to be more than a legal procedure; it represents a shift in the very nature of
how Palestinian captives are treated, particularly given the alarming
escalation in torture documented inside prisons and the deaths of a number of
captives since October 7th, 2023.
And while Ben Gvir and his master
Netanyahu boast that this law will serve as a deterrent to Palestinians, its
actual effect may move in the opposite direction. A Palestinian who no longer
sees anything left to lose may not treat it as a tool of threat, but rather as
an additional factor in overcoming the fear of arrest.
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