- Law reinforces ‘two-tiered system of justice, which is a hallmark of apartheid,’ says MENA communications director Ahmed Benchemsi
- EU must uphold its standards, principles and legal obligations and suspend trade component of the EU-Israel Association Agreement, he says
A senior Human Rights Watch official urged the EU to suspend its trade agreement with Israel following the approval of a death penalty law targeting Palestinians.
“The time has come, and it has (been) long overdue,” Ahmed Benchemsi, Middle East and North Africa director for advocacy and communications for the watchdog, told Anadolu.
He said the 1995 EU-Israel Association Agreement which governs trade and political cooperation between the two sides, also defines respect for human rights as an essential element of the relationship.
That agreement was reviewed in June 2025, and it found Israel in breach of its human rights obligations, "yet nothing happened," he said.
“The European Union must uphold its standard and principles and legal obligations, by finally suspending as an immediate measure the trade component of the EU-Israel Association Agreement.”
Law 'inherently entrenches discrimination'
The criticism follows Israel’s approval of a law mandating the death penalty for Palestinians convicted of committing fatal attacks.
Explaining what that means, Benchemsi said the law would primarily apply to Palestinians in the occupied territories through military courts as Israeli citizens are "explicitly excluded from these provisions."
He called the law “inherently” discriminatory as it creates different legal standards for Palestinians and Israelis.
The death penalty law will apply to Palestinians in the West Bank, where attacks by the Israeli army and occupiers since the start of the war in Gaza in October 2023 have killed at least 1,133 Palestinians, wounded about 11,700 others, and led to nearly 22,000 arrests, according to Palestinian figures.
In a landmark opinion in July 2024, the International Court of Justice declared Israel’s occupation of Palestinian territory illegal and called for the evacuation of all settlements in the West Bank and East Jerusalem.
Faster executions with less scrutiny
Benchemsi also raised concerns over how the law would be implemented, pointing to systemic issues in military courts.
“Not only is the conviction rate approximately 96%, but it also is largely based on confessions and quotation marks that are extracted under arrest and under torture,” he said, citing findings by Israeli rights group B’Tselem.
He added that the legislation introduces procedures that could accelerate executions while limiting safeguards.
“There are severe restrictions on legal counsel, on family visits, on external oversight. The new law mandates execution by hanging within 90 days. The death penalty can be imposed even without a prosecutor’s request,” he said.
“The combined effect of all of this is to carry out executions faster and with less scrutiny," he said. "Due process and miscarriages' concerns are very real."
The Human Rights Watch opposes the death penalty as a principle, but the situation for Palestinians is “even worse,” he said.
'Hallmark of apartheid'
The law reinforces an already unequal legal system in the occupied Palestinian territories, which he said is akin to apartheid.
This is “a two-tiered system of justice, which is a hallmark of apartheid,” he said.
Human Rights Watch has used the term “apartheid” for years to describe the situation in the occupied Palestinian territories.
“This law will only contribute to a very, very worrying trend that we have watched in the past few years.”
No justification of supporting Israeli violations
Benchemsi rejected the argument that historical or political considerations justify continued support by some states for Israel.
“No country has to support human rights violations,” he said, adding that neither Germany nor any other country has a reason to back policies that violate international law.
He said the international system established after World War II was designed to protect civilians and create rules that apply equally to all states.
Benchemsi argued that countries continuing to support Israel are undermining those principles.
Israel has committed “every major violation of international law" in the past years and there is “absolutely no justification” to continue supporting such a government,” he said.
According to him, suspending the EU-Israel trade agreement would only be a first step, with “many more steps” needed to pressure Israel to comply with its international obligations.
