“Not Justice”: Spain Condemns Israel’s New Death Penalty Law for Palestinians

Spanish Prime Minister Pedro Sánchez issued a sharp rebuke to the Israeli government on Tuesday, March 31, 2026, following the Knesset’s approval of a law mandating the death penalty for Palestinians convicted of “terrorist” attacks. Sánchez described the legislation as an “asymmetrical measure” and a “step towards apartheid,” further straining the already fractured diplomatic relationship between Madrid and Jerusalem.

The “Same Crime, Different Punishment” Critique

In a statement released via social media, Prime Minister Sánchez highlighted what he termed the “discriminatory” nature of the law, which applies specifically to Palestinians in the occupied West Bank while effectively exempting Israeli citizens.

• Asymmetrical Justice: “Same crime, different punishment. That is not justice,” Sánchez stated. He pointed out that the law targets Palestinians tried in military courts but would not be applied to Israelis who commit identical acts of violence.
• Apartheid Warning: The Spanish leader warned that the move represents “another step toward apartheid,” echoing similar concerns raised by the United Nations and the European Union.
• Global Silence: Sánchez urged international action, declaring that “the world cannot remain silent” in the face of institutionalized discrimination.

The “Guillotine” Law: Mechanics of Execution

The legislation, passed by a 62-47 vote on Monday, was a central demand of Israel’s far-right National Security Minister, Itamar Ben-Gvir.

1. Mandatory Sentencing: The law makes the death penalty—specifically by hanging—the default punishment for Palestinians convicted of intentional lethal attacks against Israelis with the aim of “denying the existence of the State of Israel.”
2. No Unanimity Required: Unlike many legal systems that require a unanimous jury for capital punishment, the Israeli law allows a simple majority of judges in military courts to hand down a death sentence.
3. 90-Day Window: Once sentenced, executions must be carried out within 90 days, with the law severely limiting avenues for appeal or clemency for those under military jurisdiction.
4. The “Noose” Symbolism: During the legislative process, Ben-Gvir frequently wore a golden noose-shaped lapel pin, describing the law as a “day of justice” and a necessary deterrent.

A Diplomatic “Cold War”

Spain’s condemnation comes at a time of unprecedented tension between Madrid and the current U.S.-backed Israeli administration.

• Embassy Withdrawal: Spain officially withdrew its ambassador from Israel on March 11, 2026, following its opposition to the U.S.-Israeli military campaign in Iran.
• Genocide Allegations: Relations had already deteriorated following Spain’s vocal support for South Africa’s case at the ICJ, with Madrid labeling the 2023-2025 Gaza war as “genocide”—a term Israeli officials have dismissed as “antisemitic.”
• European Fracture: While Spain and Ireland have been the most vocal critics, Germany and France have also expressed “deep concern,” though they have stopped short of labeling the law as “apartheid.”

Human Rights and Legal Challenges

The Association for Civil Rights in Israel has already filed an appeal with the Israeli Supreme Court, arguing the law is unconstitutional and violates the basic right to life. Meanwhile, Palestinian President Mahmoud Abbas called the law a “doomed bid” to intimidate the Palestinian people, asserting that it would not break their resolve for statehood.

As the Middle East remains engulfed in a broader regional war, this domestic legal shift in Israel is being viewed by international observers as a definitive pivot toward a “permanent security state” that ignores traditional Western legal norms.