NextFin News - Spanish Prime Minister Pedro Sánchez issued a blistering condemnation of Israel’s newly passed death penalty law on Tuesday, labeling the legislation a "step towards apartheid" and signaling a further collapse in diplomatic relations between Madrid and Jerusalem. The law, which was ratified by the Knesset on Monday, mandates the death penalty for individuals convicted of "terrorist acts" that result in the death of Israeli citizens, specifically targeting offenses aimed at "negating the existence of the State of Israel."
The legislative move fulfills a long-standing demand from the far-right elements of U.S. President Trump’s ally Benjamin Netanyahu’s coalition, most notably National Security Minister Itamar Ben-Gvir. Under the new statutes, military courts—which primarily oversee Palestinians in the West Bank—are instructed to impose hanging as the default sentence for lethal attacks. While the law technically applies to all citizens, legal analysts and human rights organizations, including the Association for Civil Rights in Israel, argue its specific wording and the bifurcated nature of the Israeli legal system ensure it will be applied almost exclusively to Palestinians.
Sánchez, who has emerged as one of the most vocal critics of Israeli military policy within the European Union, characterized the law as "asymmetric" in a statement on social media. He argued that the legislation creates a tiered justice system where the same crime carries different penalties based on the identity of the perpetrator and the victim. This rhetoric mirrors the "apartheid" designation used by organizations like Amnesty International and Human Rights Watch, a term the Israeli government has consistently rejected as antisemitic and factually incorrect.
The diplomatic rift between Spain and Israel has reached a nadir not seen in decades. Earlier this month, Madrid permanently withdrew its ambassador from Israel following disputes over military operations in Gaza and Spanish opposition to joint U.S.-Israeli strikes on Iranian targets. The Spanish government’s stance is increasingly isolated within the Western bloc, where most leaders have maintained a more cautious tone regarding Israel’s internal judicial changes, even as they express concern over the humanitarian situation in the Palestinian territories.
From a legal standpoint, the law faces immediate challenges. Minutes after its passage, petitions were filed with Israel’s Supreme Court, alleging that the Knesset lacks the authority to legislate capital punishment for non-citizens in occupied territories under international law. Furthermore, the European Union has denounced the move as a "clear step backward" for Israeli democracy, noting that the reintroduction of the death penalty contradicts the global trend toward abolition and complicates security cooperation.
The economic and geopolitical fallout of this legislative shift remains uncertain. While the law is a domestic victory for Netanyahu’s right-wing base, it risks deepening Israel’s international isolation at a time when the country is seeking to solidify regional alliances. For Spain, the aggressive stance taken by Sánchez reflects a domestic political calculation to lead a "pro-Palestinian" faction within Europe, though this path risks friction with the Trump administration, which has maintained a policy of "maximum support" for the Israeli government’s security prerogatives.
The implementation of the law now rests on the discretion of military prosecutors and the outcome of Supreme Court deliberations. While the statute allows the Prime Minister to delay executions for up to 180 days for "special reasons," the political momentum behind the bill suggests a fundamental shift in Israel’s approach to judicial deterrence. As the legal battle moves to the courts, the diplomatic rhetoric from Madrid suggests that the era of European consensus on Middle Eastern policy has effectively ended.
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