‘The rope is for Arabs only’: Israel’s new death penalty law for Palestinians recycles a colonial playbook

For years, Israeli forces already operated under rules that permitted the shooting and killing of unarmed persons, so long as they could nominally be deemed a threat. But Israel’s current war has expanded this category to the point that nearly everyone can now be made into a target.

The execution law is largely a shield designed to protect soldiers from even the limited threat of accountability, and to formalize what the field has already made routine.

The passing of the recent Israeli death penalty law legalizes an already existing policy of executions within a set schedule. The same colonial logic governs how Israel launches its wars: first Gaza, then Lebanon, now Iran. Resistance in this region is refusing Israel’s timetable of death.

By Abdaljawad Omar, Mondoweiss, April 2, 2026

The picture of Israeli National Security Minister Itamar Ben-Gvir jubilantly trying to open a champagne bottle on the Knesset floor over the passing of a death penalty law for Palestinians will be anchored in history as one of those photographs that needs no caption.

It’s the image of a country that has never truly left the colonial moment into which it was born. It didn’t simply inherit British practices, but kept them alive for over 70 years. It now reaches back to retrieve one of the darkest of these practices.

Israel’s new death penalty law, which exclusively targets Palestinians, did not come out of nowhere. It was passed down from a scaffold the British had already built on the same land, testing it on the same people under the same sky. In his study of Britain’s “pacification” of Palestine, Matthew Hughes, a military historian at Brunel University, shows how the military courts established by the British Mandate in November 1937 were built for speed above all else — a terror performed so quickly that no one had time to appeal or look away. Shaykh Farhan al-Sa’di, an elderly Qassamite revolutionary leader and one of the principal field commanders of the 1936 uprising, was captured on a Monday, tried on a Wednesday, and hanged on a Saturday. It’s the same law Israel reintroduced today.

What those courts also reveal is that British execution policy was, from the beginning, applied differently depending on who stood before the judge. Palestinians were hanged for carrying four bullets; Jews received prison sentences for firing weapons. The courts were equal on paper and unequal in practice, and everyone living under them knew it.

Bahjat Abu Gharbiyya, a Palestinian nationalist and resistance fighter who lived through the British Mandate and left some of the most detailed firsthand accounts of that period, documented this disparity plainly: in his account, the capital sentence fell on Arabs, while Jews charged with the same or graver offenses walked away with prison sentences. The rope, in practice, was for Arabs only.

The new Israeli law carries this same racism forward, entering a prison system where Palestinians make up the vast majority of political prisoners, and where the definition of who is dangerous has been stretched until it fits almost anyone who refuses to disappear quietly. The rope, as it always has been in Palestine, is for Arabs only.

There is something else that legalizing execution does, something beneath the law’s stated purpose that may be its more consequential effect. Hughes shows that in Mandate Palestine, official policy and unofficial violence never operated separately. As British courts hanged men with increasing speed and confidence, the threshold for what soldiers felt permitted to do in the field quietly fell. At Miska, a Palestinian village in the coastal area, British police tortured four captured Palestinian rebels in May 1938, killing them once interrogation was complete — not in a courtroom, but in the open.

Law and lawlessness were not opposites in that system: they fed each other. The widened application of capital punishment in the courts gave license to soldiers in the field. What we are watching in Gaza, Lebanon, and the West Bank today follows the same pattern, pushing the boundaries of permissible conduct.

A codification of existing practice

In this sense, Israel is not doing something new with this law. It is catching up with itself. The execution law is largely a shield designed to protect soldiers from even the limited threat of accountability, and to formalize what the field has already made routine. According to Israeli rights group Yesh Din, of the 1,260 complaints filed against soldiers for harming Palestinians between 2017 and 2021, soldiers were prosecuted in less than 1% of cases — 0.87%, to be precise. The law does not create impunity, but guarantees it. Once enshrined, it pushes the violence further, each legal expansion making extrajudicial killing easier to justify, and each unjustified killing creating pressure for new legal cover. They drive each other.

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