New Israeli death penalty law risks violating absolute prohibition of torture, says UN expert
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GENEVA – The UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Alice Jill Edwards, today expressed grave concern over the adoption of a new death penalty law by the Israeli Knesset, warning that it risks serious violations of international law, including the absolute prohibition of torture.
“The death penalty can rarely be applied without causing terrible suffering that violates the prohibition of torture and other ill-treatment,” Edwards said.
The law was adopted on 30 March 2026 following accelerated legislative procedures and will apply to individuals found guilty by a military court of intentionally carrying out deadly attacks deemed acts of terrorism with an intent to deny the existence of the State of Israel.
The Special Rapporteur warned that differential application of criminal law between Palestinians and Israelis would constitute unlawful discrimination and could further aggravate the risk of torture and ill-treatment.
“The selective application of capital punishment on ethnic or national grounds, or because of one’s political views, constitutes a particularly stark form of discriminatory harm,” the expert said. “Any system that permits differential treatment in their justice system or by the imposition of the death penalty undermines the most basic guarantees of equality before the law.”
The Special Rapporteur also expressed concern that the law may weaken due process safeguards, increasing the risk of wrongful convictions, including those based on coerced or torture-tainted confessions.
“In systems where allegations of torture and ill-treatment in detention and during interrogation have been widely documented, the introduction or expansion of the death penalty carries an acute and irreversible risk,” the expert said. “It forecloses the possibility of remedy in cases where convictions may have been secured through coercion or abuse.”
While Israel has maintained a long-standing de facto moratorium on executions, the adoption of this law represents a significant departure from that practice and from the global trend towards abolition.
“Capital punishment is incompatible with human dignity and has no proven deterrent effect,” the Special Rapporteur said. “Its irreversible nature makes any error fatal.”
Edwards called on the Israeli Parliament to urgently reconsider and repeal the legislation, as well as for the Israeli Supreme Court to review the law in light of Israel’s international legal obligations, including the prohibition of torture and the principle of non-discrimination.
The Special Rapporteur will continue to monitor developments closely.
The expert previously raised these concerns with the Government.
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