US says respects Israel ‘right’ to legislate as death penalty bill for Palestinians widely condemned

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Israeli and American flags stand during the final rehearsal for the ceremony to welcome then-president Joe Biden ahead of his visit to Israel, at Ben Gurion International airport, in Lod near Tel Aviv, Israel on July 12, 2022. — Reuters/File
Israeli and American flags stand during the final rehearsal for the ceremony to welcome then-president Joe Biden ahead of his visit to Israel, at Ben Gurion International airport, in Lod near Tel Aviv, Israel on July 12, 2022. — Reuters/File

The United States said on Monday it respected Israel’s right to set its own laws after its parliament introduced the death penalty for Palestinians convicted of killings, a move sharply criticised by European nations and rights groups.

“The United States respects Israel’s sovereign right to determine its own laws and penalties for individuals convicted of terrorism,” a State Department spokesperson said.

“We trust that any such measures will be carried out with a fair trial and respect for all applicable fair trial guarantees and protections.”

The United States is the only Nato country that still practices capital punishment. It has long been the key diplomatic and military supporter of Israel.

Meanwhile, the European Union condemned Israel’s approval of the bill, terming it “discriminatory”.

“The death penalty bill in Israel is very concerning to us in the EU. This is a clear step backwards — the introduction of the death penalty, together with the discriminatory nature of the law,” EU spokesman Anouar El Anouni told journalists in Brussels.

Germany said it could “not endorse” the law that would allow the execution of Palestinians convicted on terror charges.

“The German government views the law passed yesterday with great concern,” government spokesman Stefan Kornelius said in a statement.

“The rejection of the death penalty is a fundamental principle of German policy,” he said, also warning that “such a law would likely apply exclusively to Palestinians in the Palestinian territories”.

Spanish Prime Minister Pedro Sanchez condemned the bill as “a step closer to apartheid”.

“It is an asymmetric measure that would not apply to Israelis who committed the same crimes. Same crime, different punishment. That is not justice. It is a step closer to apartheid,” Sanchez wrote on X.

Ahead of the Israeli parliament’s approval of the bill, Britain, France, Germany and Italy on Sunday expressed “deep concern” and said the move risked “undermining Israel’s commitments with regards to democratic principles”.

‘Near-mandatory death sentence’

The legislation makes the death penalty the default punishment for Palestinians in the Israeli-occupied West Bank found guilty of intentionally carrying out deadly attacks deemed “acts of terrorism” by an Israeli military court.

The legislation appears to conflict with Israel’s Basic Laws, which prohibit arbitrary discrimination, and shortly after it was passed, a leading human rights group announced that it had filed a petition with the Supreme Court demanding the legislation’s annulment.

“The law creates two parallel tracks, both designed to apply to Palestinians,” the Association for Civil Rights in Israel said in a statement.

“In military courts, which have jurisdiction over West Bank Palestinians, it establishes a near-mandatory death sentence,” the rights group said.

Israel has not carried out a judicial execution since 1962, when it hanged Nazi Adolf Eichmann, a key perpetrator of the Holocaust.

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