The UN Committee on the Elimination of Racial Discrimination on Friday warned that Israel’s new death penalty law for Palestinians is racially discriminatory, a “retrogression” of human rights, and constitutes segregation.
The committee, a body made up of 18 independent experts, urged Israel to repeal the law immediately and “ensure that all Palestinian detainees held in Israeli military or civilian detention are guaranteed their rights.” It further called on Israel to “end all policies and practices that amount to racial discrimination against and segregation of Palestinians.”
The experts were especially alarmed by the “90-day deadline for executions” upon the handing down of the final judgement, as well as the “explicit prohibition of mitigation, commutation, or pardon.” This is concerning in light of reported custodial abuses and forced confessions in Gaza perpetrated by Israeli security forces.
They also expressed grave concern that the expansion of capital punishment coincides with a time of rampant settler violence and “unlawful killing of Palestinians with impunity” in the Occupied Palestinian Territory. It highlighted further concerns, such as injustice and “systematic violations of Palestinians’ due process and fair trial rights.”
These features of the law, according to the committee, are intrinsically racially discriminatory and amount to segregation, due to their scope of applicability to Palestinians only. This would amount to a violation of Articles 2, 3, 5, and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination.
The committee also said the 90-day deadline for executions to be carried out, without mitigation, commutation, or pardon, also constitutes violations of international law and human rights. It cited Article 6 of the International Covenant on Civil and Political Rights, which protects the right to life. Specifically, Article 6(4) outlines: “Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases.”
Israel passed the Death Penalty for Terrorists Law on March 30, 2026, mandating the death penalty for persons convicted of “terrorism-related offences.” An act of terrorism for the purpose of the law involves “deliberate killing with the intent of denying the existence of the State of Israel.” As drafted, the scope of the law excludes Israeli citizens and residents, and de facto only applies to Palestinians.
Human rights groups have called on the UK and other countries to take a concrete stand against the law. Human Rights Watch called attention to the absence of safeguards for children within the law, highlighting that “Israel is one of the few countries in the world that systematically prosecutes children in military courts.” The committee on Friday similarly urged the international community to uphold international law and adhere to its obligations under the convention.