The legislation authorizing the execution of Palestinian prisoners is a flagrant violation of international law and a direct threat to regional peace.

The National Association for the Defense of Rights and Freedoms expresses its deep concern and firm condemnation of the Israeli Knesset’s adoption of legislation authorizing the execution of Palestinian prisoners. It affirms that this measure constitutes a grave and compounded violation of the rules of international humanitarian law and international human rights law, and reflects a worrying trend towards undermining the system of international legitimacy. The Association emphasizes that Palestinians, as a people living under occupation, enjoy full legal protection under the rules of international humanitarian law, and that persons detained in the context of the conflict must be treated in accordance with the legal frameworks established by the Third Geneva Convention relative to the Treatment of Prisoners of War, or in accordance with the protection afforded to civilians under the Fourth Geneva Convention, thus guaranteeing their enjoyment of all rights and safeguards, foremost among them the right to life, protection from arbitrary execution, and the right to a fair trial. This legislation also constitutes a clear violation of the provisions of the four Geneva Conventions, particularly the rules prohibiting attacks on life and preventing the imposition and execution of punishments without fundamental judicial safeguards. It also contravenes the obligations stipulated in the International Covenant on Civil and Political Rights, which guarantees the right to life, prohibits its arbitrary deprivation, and emphasizes fair trial standards. The association notes that granting domestic legal status to measures that infringe upon the right to life does not create international legitimacy for them. On the contrary, it may lead to their classification as internationally criminal acts when coupled with the absence of judicial safeguards or with a discriminatory character. This falls under the category of acts addressed by the Rome Statute of the International Criminal Court in the context of war crimes and crimes against humanity. Furthermore, this legislation contradicts peremptory norms of international law, which impose an absolute prohibition on extrajudicial killings and inhuman treatment. These are binding rules that cannot be derogated from under any circumstances. The association believes that this trend raises serious concerns regarding respect for international obligations, undermines the rule of law, and has negative repercussions for the prospects of stability and peace. In this context, the association calls for the following: a clear international stance rejecting this legislation and affirming its illegitimacy under international law; urging the United Nations and its relevant bodies to urgently address this development and ensure respect for international rules concerning the protection of prisoners; emphasizing the importance of activating existing international accountability mechanisms to ensure investigations into any serious violations and the prosecution of those responsible under international law; urging States Parties to the Geneva Conventions to fulfill their legal obligations to ensure respect for these conventions and to take all necessary diplomatic and legal measures; calling for the strengthening of international monitoring mechanisms for detention conditions to ensure compliance with international standards and the protection of prisoners’ fundamental rights; and stressing the need to refrain from taking or implementing any measures that would infringe upon the right to life or undermine guarantees of a fair trial. The Assembly emphasizes the responsibility of the United States, as a sponsor and guarantor of several tracks of the Middle East peace process, to fulfill its political and legal role in pressing for the immediate cessation of this legislation. This legislation directly obstructs understandings and agreements related to the peace process, particularly the Sharm El-Sheikh agreements and their associated commitments aimed at de-escalation and promoting stability. The Assembly affirms that respect for the rules of international humanitarian law and international human rights law is a legal and moral obligation for the international community, and that any violation of these rules undermines the credibility of the international system and threatens the stability of the entire region. The Assembly stresses that the protection of human dignity and the right to life remain fundamental principles that must not be compromised under any circumstances, and that any attempt to circumvent these international obligations constitutes a flagrant violation of international law and weakens the prospects for reaching a just, comprehensive, and peaceful solution to the Palestinian-Israeli conflict.