(March 31, 2026)

1. The undersigned, scholars of international law in Israeli academic institutions, wish to express our outrage and clear condemnation of Israel’s new death penalty law. It is not only immoral and in violation of the most basic dictates of public conscience, but is also unlawful both in terms of domestic constitutional law and Israel’s obligations under international law.

2. Israel is a party to the International Covenant on Civil and Political Rights from 1966. Under the Covenant it is prohibited to reintroduce the death penalty once abolished – a prohibition which includes, according to the Human Rights Committee’s General Comment 36 (2018), a ban on extending the list of crimes to which the death penalty applies or relaxing associated procedural safeguards, even for states that have not formally abolished the death penalty. As long as the death penalty is applicable, legal proceedings relating to its imposition must meet all due process safeguards, including the right to seek commutation of the death sentence. The right to commutation is also guaranteed in the Fourth Geneva Convention from 1949. Furthermore, under the Covenant, States must act towards abolition of the death penalty, and in no case may the death penalty be imposed in a discriminatory manner.