On 30 March, the Knesset passed an amendment to the Penal Law that expands the use of the death penalty for terrorism-related murder and is expected to disproportionately target Palestinians. Within Israel’s civilian court system, the amendment introduces provisions allowing capital punishment in cases involving the deliberate killing of a person with the intent to ‘negate the existence of the State of Israel.’ In the military court system operating in the occupied West Bank, it will apply to killings classified as ‘terrorism’ under Israeli law, and will not require a formal request from the prosecution. As the legislation distinguishes between jurisdictions in a way that excludes Israeli citizens and settlers from the military court provisions, its practical application would primarily impact Palestinians tried in West Bank military courts. The amendment is currently under review by the Supreme Court of Israel following a legal challenge by a rights organization.

Sources: The Jerusalem Post, Al Jazeera, The Times of Israel, The Association for Civil Rights in Israel, Office of the UN High Commissioner for Human Rights

On 8 February, Israel’s security cabinet approved a series of measures that unilaterally expand Israeli administrative and legal control in the occupied West Bank. The measures include facilitating the registration and acquisition of legal title to land seized by Israeli settlers in the territory, removing restrictions on land purchases by Jewish citizens, thus expanding Israeli authority over planning and administrative matters in areas under Palestinian Authority administration, and reviving mechanisms for state-led land acquisition and expropriation in the territory. International observers have warned that these steps constitute significant moves toward the de facto annexation of the West Bank.

Update: The measures were followed by a further expansion of the illegal settlements. At the end of March, the security cabinet approved the establishment of 34 settlements in the West Bank, including new settlements and previously unauthorized outposts that were retroactively legalized. The decision represents the largest single approval of settlements by any Israeli government and brings the total number of settlements authorized under the current government to 103.

Sources: The Times of Israel (1), Middle East Eye, Amnesty International, The Times of Israel (2)

On 3 November, authorities arrested Yifat Tomer-Yerushalmi, the former top military lawyer, and Matan Solomesh, the former chief military prosecutor, for disclosing a video showing Israeli soldiers abusing a Palestinian detainee at Sde Teiman prison. The footage documented severe violence, including acts of sexual violence. Tomer-Yerushalmi, who resigned from her post, admitted authorizing the disclosure to counter misinformation about military investigations and to ensure the abuse was not concealed. The prosecution has sparked concern that, in a legal framework that offers limited protection for whistleblowing (with no statutory ‘public interest’ defense to shield whistleblowers), the case is likely to further deter others in the military from exposing serious wrongdoing, reinforcing a broader climate of impunity.

Sources: The New Arab, Al Jazeera, Haaretz, International IDEA, The Israel Democracy Institute

On 10 November, the Knesset passed in its first reading (39–16) a bill that would amend the penal code to require courts to impose the death penalty on anyone convicted of killing an Israeli if the act was motivated by ‘racism’ or intended to harm ‘the State of Israel’ or ‘the rebirth of the Jewish people.’ Rights groups have condemned the bill, warning that it overturns decades of progress on abolishing the death penalty (which was removed for murder in Israel in 1954). Further, they caution it is inherently discriminatory, as it would in practice apply primarily to Palestinians while imposing no comparable mandatory penalty on Israeli Jews convicted of killing Palestinians. The bill, which would be applied retroactively, will now move to committee review and must pass two additional parliamentary readings before being approved into law.

Sources: Knesset, The Jerusalem Post, The Times of Israel, Al Jazeera, Amnesty International 

On 30 November, Prime Minister Benjamin Netanyahu submitted a formal request for a presidential pardon to President Isaac Herzog in connection with his ongoing corruption trial. In the request, Netanyahu argued that the proceedings 'harm national unity' and 'distract' him from governing. The move is highly unusual, as pardons in Israel are typically granted only after a conviction. The request is currently under legal review by the Justice Ministry and the Office of the President.

Sources: The Jerusalem Post, Al Jazeera, The Israel Democracy Institute

Palestinian prisoners held in Israeli prisons have been deprived of adequate food in violation of their basic rights, the Supreme Court acknowledged in a ruling on 7 September. The Court found that the Israel Prison Service has failed to meet its legal obligations to provide sufficient nutrition, expressing ‘serious doubts’ that current rations met basic subsistence standards. Rights groups that brought the case had argued that government policy deliberately reduced food rations, leaving prisoners without the nutrition necessary for health and survival. The Court’s decision requires prison authorities to take corrective action to guarantee all detainees receive adequate nutrition to meet basic needs.

Sources: The Times of Israel, The Association for Civil Rights in Israel, Associated Press