Skip to main content

Legal Help | Ayuda


Palestine - Committee on Economic, Social, and Cultural Rights - Death penalty

Date: August 28, 2023
Country: Palestine (State of)
Type: Intl Mechanism Submission
Issues: Death Penalty
Mechanism: UN Committee on Economic, Social and Cultural Rights
Report Type: Shadow/Parallel Report
View and Download Document:

The State of Palestine acceded to the International Covenant on Economic, Social and Cultural Rights on 1 April 2014. The State is now working to fulfill its international obligations under the Covenant by drafting laws pertaining to family protection, cybercrimes, labor, and the criminal code. The State is considering removing the death penalty in its military code and recently informed the Human Rights Committee that it plans on "regulat[ing] the death penalty rather than abolish[ing] it for lack of political will."

The State of Palestine retains the death penalty, and authorities in Gaza continue to carry out executions. As of August 2023, courts in Gaza had reportedly handed down at least 20 death sentences in 2023. Authorities in the West Bank have observed a moratorium on executions since 2005. The law stipulates that executions can be carried out only if the President ratifies the death sentence, and the President has not ratified a death sentence since 2005.

Palestine has failed to fulfill its obligation to ensure the equal rights of men and women in their enjoyment of all economic, social, and cultural rights (Arts. 2 &3). Palestinian women are subject to gender-based violence and lack economic resources and legal resources. The courts' failure to recognize a history of domestic violence as a mitigating factor during sentencing and the prevalence of honor killings in Palestinian society further perpetuate gender-based inequality.. Individuals held in Palestinian prisons have been deprived of necessary health care.