The Israeli parliament’s approval of a legislation that seeks the death penalty for Palestinians convicted of deadly attacks has stoked fears among the Palestinians and drawn condemnation from the international community, dismayed at the further entrenching of what rights groups have long described as Israel’s “system of apartheid”.

The law, which does not apply to Jewish citizens of Israel, was met with jubilation among its backers in the country’s far right.

France, Germany, Italy and the United Kingdom have all raised concerns over what many describe as the overtly racist nature of the bill, whose nature and wording appear to exclusively target Palestinians.

“We are particularly worried about the de facto discriminatory character of the bill. The adoption of this bill would risk undermining Israel’s commitments with regards to democratic principles,” the foreign ministries wrote in a joint statement on Sunday.

Rights groups have also criticised the bill, with Amnesty International in February saying the legislation would make the death penalty “another discriminatory tool in Israel’s system of apartheid”.

Human Rights Watch (HRW) on Tuesday called the law discriminatory as it would primarily, if not exclusively, be applied to Palestinians.

“Israeli officials argue that the imposing the death penalty is about security, but in reality, it entrenches discrimination and a two-tiered system of justice, both hallmarks of apartheid,” Adam Coogle, deputy Middle East director at Human Rights Watch, said in a statement.

“The death penalty is irreversible and cruel. Combined with its severe restrictions on appeals and its 90-day execution timeline, this bill aims to kill Palestinian detainees faster and with less scrutiny.”

Nevertheless, on its successful passage through parliament, amidst the celebrating lawmakers, the legislation’s principal champion, far- right National Security Minister Itamar Ben-Gvir – who has previous convictions for far-right “terrorism” – was seen brandishing a champagne.

Israeli Prime Minister Benjamin Netanyahu, who had attended the chamber to support the bill, could also be seen congratulating lawmakers on its passage.

So, how can Israel pass a law targeting one ethnic group and not others? Is that legal, and is this the first time Israel has passed legislation that deliberately discriminates against Palestinians?

Here’s what we know.

How does the law target Palestinians and not Israelis?

By limiting the bulk of the legislation to the military courts that only try Palestinians under occupation.

Under the new legislation, anyone found guilty of the killing of an Israeli citizen within the occupied West Bank will, by default, be sentenced to death by the military courts overseeing the occupied territory.

While the courts do not regularly publish statistics on convictions, in 2010, the court system did concede that, of the Palestinians tried for offences committed in the occupied West Bank, 99.74 percent were found guilty.

In contrast, Israeli settlers, who have killed seven Palestinians in just the weeks following the start of their country’s war on Iran in late February, are tried in civilian courts in Israel. According to an analysis by the UK’s Guardian newspaper in late March, Israel has yet to prosecute any of its citizens for killing Palestinians in the occupied West Bank since the start of this decade.

Under the new legislation, Israel’s civilian courts are granted an extra degree of leniency in sentencing Israelis found guilty of killing Palestinians in the occupied West Bank, with judges having the option to choose between the death penalty and life imprisonment.

Sentences for the military courts trying Palestinians, in contrast, carry an automatic death penalty, with life imprisonment only available under extreme circumstances.

According to a study by the Israeli rights group, Yesh Din, conviction rates for settlers found guilty by civilian courts of committing crimes against Palestinians in the West Bank (excluding East Jerusalem) between 2005 and 2024 ran to about 3 percent. Some 93.8 percent of investigations into settler violence were closed at the end of an investigation with no indictment filed, the group noted.

Underpinning much of this is Israel’s 2018 Nation State law, which, in the eyes of many, codifies Israel’s apartheid system of government, defining Israel as the exclusive homeland of the Jewish people and prioritising Jewish settlement as a national value.

Critics argue that it downgrades the status of Palestinian citizens, who make up about 20 percent of the population, by omitting any guarantee of equality.

How is that even legal?

According to many, it isn’t.

Despite the best efforts of Prime Minister Netanyahu and his Finance Minister Bezalel Smotrich – who has administrative power over the occupied West Bank – to annex the Palestinian territory, it remains a foreign territory under military occupation.

According to Amichai Cohen, a senior fellow at the Center for Security and Democracy of The Israel Democracy Institute, international law does not permit Israel’s parliament to legislate for the West Bank, since the area is not legally part of Israel’s sovereign territory.

In September 2024, the United Nations General Assembly overwhelmingly called for end to Israeli occupation of the occupied West Bank and East Jerusalem within a year. The UNGA resolution backed an advisory opinion by the International Court of Justice (ICJ), which called Israeli occupation “unlawful”.

Similarly, the Association of Civil Rights in Israel announced it had already taken the matter to Israel’s highest court only minutes after the bill was approved. The group argued that the measure was “discriminatory by design” and that lawmakers had no legal authority to impose it on Palestinians living in the occupied West Bank, who are not Israeli citizens.

Is this the first time Israel has been accused of using its legal system to target Palestinians?

Far from it.

Human rights groups – including HRW and Amnesty International – have long argued that the legal systems applying to Palestinians and to Israeli settlers in the West Bank are fundamentally unequal.

Palestinians live under military law, while settlers fall under Israeli civil law, creating two parallel systems in the same territory.

According to rights groups, this structure enables discriminatory detention practices, such as administrative detention (where people can be held indefinitely without charge), dramatically unequal protections under the law, and the selective enforcement of those laws, which have all underpinned widespread accusations of apartheid.

As of March 2026, approximately 9,500 Palestinians are detained in Israeli prisons under harsh conditions, with about half held under administrative detention or labelled “unlawful combatants”, denied trial and unable to defend themselves.

Legislation relating to the treatment of children in custody has led to concern among many international observers and rights groups. Palestinian minors can be interrogated without parental present and are often denied timely access to legal counsel in defiance of Israel’s own and international law, the HRW noted.

Another key area of international concern is the ongoing demolition of Palestinian homes built without permits, which are nearly impossible for Palestinians to obtain. Unauthorised settler outposts, in contrast, are rarely troubled and increasingly retroactively legalised.