Listen: Will the EU finally sanction Israel after death penalty bill?

Production: By Europod, in co-production with Sphera Network.

EUobserver is proud to have an editorial partnership with Europod to co-publish the podcast series “Briefed” hosted by Léa Marchal. The podcast is available on all major platforms.

You can find the transcript here if you prefer reading:

Israel has just passed a law reinstating the death penalty.

This measure not only reverses a fundamental principle but also discriminates against Palestinians. Because capital punishment will only apply to those accused of anti-Jewish terrorism.

Will the EU, which strongly opposes the death penalty, now sanction the Israeli government?

The news was celebrated with champagne by part of the Israeli government.

On Monday, 30 March, the Knesset, Israel’s parliament, approved a bill reinstating the death penalty — for part of the population, at least. 

The law targets individuals who intentionally cause the death of another with the aim of harming a citizen or resident of Israel, with the intent of rejecting the existence of the State of Israel.”

Capital punishment hasn’t been used in Israel since 1962.

Many civil society organisations have raised concerns about the discriminatory nature of the bill, as it primarily targets Palestinians, and in no way applies to those responsible for violence against the Palestinian population, such as in the occupied territories.

Since 7 October 2023, around 100 Palestinians have died in detention, and various NGOs report that the Israeli military does not hesitate to use torture.

In Strasbourg, the Council of Europe — an organisation of about fifty countries, including Israel as an observer member—has condemned the measure. According to its president, the death penalty must be opposed in all circumstances.

But what does the European Union think?

Through its spokesperson, the European External Action Service has expressed concern over the bill.

The EU’s top diplomat, Kaja Kallas, had already made a statement to this effect on 24 March.

Anouar El Anouni, the [commission] spokesperson, described this as a clearly negative trend regarding Israel’s human rights obligations. He called on the country to return to its previous stance on the death penalty and to uphold its international legal commitments.

But will the EU go further this time?

Asked about the possibility of new sanctions against Israel, the spokesperson declined to comment.

They noted that the bill is currently under appeal before Israel’s Supreme Court — buying the EU some time.

Because the question of sanctions is tricky.

Back in September 2025, the European Commission had already proposed sanctioning key far-right Israeli political figures, including National Security Minister Itamar Ben-Gvir, who particularly pushed for the reinstatement of the death penalty.

But the proposal was not adopted due to a lack of unanimity among EU member states — Hungary refused to agree.

Meanwhile, Israeli state violence against the Palestinian people has escalate, and this, despite the Gaza peace plan signed in October last year. 

The Israeli government is intensifying settlement expansion in the West Bank and increasing attacks on Palestinians.

To oppose all of this, the EU does have one option that doesn’t require unanimity but only a qualified majority: suspending the Association Agreement. We discussed this in the 10th episode of Briefed.

This is the trade agreement between the EU and Israel. The Commission proposed suspending it as early as September 2025, but it was not adopted by the Council of the EU. According to the spokesperson for the European External Action Service, this option remains on the table.

Suspension would have limited economic impact, but it would send a powerful symbolic message: the EU does not tolerate this kind of human rights violation by Israel.

So far, a qualified majority of member states has not emerged in favour of such action. Some EU countries want to maintain friendly relations with Israel.

The EU is a staunch defender of human rights and international law. But in its dealings with Israel, as with the United States, it struggles to firmly condemn violations.

Both countries are historic allies that the EU does not want to alienate.