Response to interpellation 2025/26:426 on Israel's recently adopted laws on the death penalty
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
M argues that Sweden and the EU always oppose the death penalty as it is incompatible with human rights 1. M emphasizes that the government has condemned the expanded Israeli law and urged Israel not to proceed with it 1. M underlines that the government pursues issues regarding human rights bilaterally and through the EU 2. M argues that the government does not exclude expanded differentiation policy 2, works for the abolition of the death penalty 2 and pushes for sanctions against extremist settlers and ministers 3. M considers that Israel is obligated to treat detainees according to international law obligations 4 and that Sweden has repeatedly urged Israel to fulfill its obligations 4. M argues that further pressure on the Israeli government is needed 4.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Utrikesministern Maria Malmer Stenergard (M)
Madam Speaker! Azra Muranovic has asked me if I and the government intend to clearly condemn the introduction of legislation that enables the death penalty in certain cases and how I and the government, in that case, intend to act diplomatically.
Azra Muranovic has also asked whether I and the government intend to take initiative within the EU for a common position against this legislation. Finally, Azra Muranovic has asked how I and the government ensure that Sweden's relations and cooperation do not contribute to legitimizing legal systems that risk violating international law.
Sweden, like the rest of the EU, always opposes the death penalty in all cases and regardless of circumstances. It is a cruel, inhuman, and irreversible punishment that is incompatible with respect for human rights. Together with the EU, we work to ensure that the death penalty is abolished worldwide.
Against this background, Sweden, both bilaterally and through the EU, has clearly condemned the expanded Israeli law on the death penalty and urged Israel not to proceed with the bill. We are also deeply concerned about the law's de facto discriminatory character. The issue has been raised bilaterally with Israeli representatives on several occasions.
Azra Muranovic (S)
Madam Speaker! Thank you for the answer, Minister for Foreign Affairs!
I appreciate both the condemnation and how pressure has been exerted in the EU on this issue. This is not a discussion about the death penalty in theory around the world's countries, but it is a concrete issue that Israel's parliament has voted through the death penalty solely for the Palestinian part of the population. No one else in Israel can be sentenced to it.
For my part, what is most frightening about the treatment of this legislation is that we know that Palestinian children have been deprived of their liberty and continue to be deprived of their liberty and that they are being brought before Israeli military courts. It is a difficult reality to handle.
We are talking about a system where the government itself points out discrimination and actually stands by the discriminatory behavior. It is a system that is questioned at its core by both international law and human rights experts, by different countries around the world and, above all, by human rights organizations. It is a system that already sentences children and which may now have the opportunity to impose the death penalty even for children and young people.
It is actually here that my question begins. To say that we are against the death penalty is no longer enough. Everyone says it. What will matter here is what one actually demonstrates and does concretely. There I must say that the government's response is quite thin. The issue has been raised, which is much appreciated, but it is a minimum level.
The EU has, among other things, an association agreement with a human rights clause. It is not there to be mentioned but to actually be used. The EU has used it against various countries in Africa on significantly looser grounds. If the government is serious about the fact that there are discriminatory elements in the justice system, it is reasonable to test what has consequences. Otherwise, words unfortunately mean nothing.
I ask a straight question: Has Sweden, within the EU, taken the initiative to examine the human rights clause in the association agreement with Israel in light of this development?
Jamal El-Haj (-)
Madam Speaker! Thank you, Minister for Foreign Affairs Maria Malmer Stenergard, for the answer!
Several human rights organizations and international media show that the situation for Palestinians in Israeli prisons is very serious and is deteriorating rapidly. The Israel-based organization Physicians for Human Rights in Israel states that at least 94–98 Palestinian prisoners have died since October 7. The deaths are linked to torture, abuse, malnutrition, dehydration, and lack of medical care. The figure is believed to be an underestimate because many prisoners are held in isolation.
The Israeli human rights organization B’Tselem describes in its report Welcome to Hell systematic abuses that violate both Israeli law and international humanitarian law. This includes, among other things, deprivation of liberty without trial, isolation, lack of daylight, and treatment that can be classified as inhuman or degrading.
Media such as The Guardian and Le Monde have also reported on prisoners being held in isolation underground with very limited access to food, water, and medical care. The UN High Commissioner for Human Rights has expressed strong concern and demanded that this treatment cease immediately.
At the same time, the ultranationalist party Otzma Yehudit, Jewish Power, led by Itamar Ben-Gvir, has passed a proposal for the death penalty for so-called nationalist-motivated crimes. Critics warn that the law's design risks leading to legal inequality, as it could in practice be applied primarily against Palestinians.
The proposal has met international criticism due to the risk of discrimination and because the death penalty contradicts fundamental human rights principles. It is seen by many as a development that could deepen conflicts rather than strengthen the rule of law.
Sweden has long profiled itself as a strong opponent of the death penalty and as a clear defender of international law. Foreign Minister Maria Malmer Stenergard has indeed expressed criticism of the current legislation, but the question is whether this criticism is sufficient in light of genocide, ethnic cleansing, and a state that is increasingly acting in the direction of an apartheid system.
Against this background, a larger principled question is raised: Is it sufficient with verbal markings, or are clearer political actions required for Sweden to live up to its self-image and its international commitments? If international law is to have real significance, it must be defended consistently, even when it is politically difficult.
Utrikesministern Maria Malmer Stenergard (M)
Madam Speaker! Yes, one must work for international law and respect for human civil and political rights even when it is difficult, just as one must in every situation distance oneself from terrorist organizations.
The promotion of human freedoms and rights, democracy, and the principles of the rule of law remains a completely central task in Swedish foreign policy. The Government emphasizes that international law, including international humanitarian law and human rights, shall be respected in all contexts. This also applies in Israel and in Palestine.
The Government is and remains clear that Israel must live up to its obligations and pursues these issues bilaterally, both through the EU and in multilateral forums.
As I mentioned earlier, we view the death penalty as a cruel, inhuman, and irreversible punishment. This applies in principle and constitutes a long-established Swedish position that the government continuously and consistently continues to work for. We oppose the death penalty in all contexts, not least because the risk of judicial errors can never be completely ruled out.
Together with the EU, Sweden works for the abolition of the death penalty worldwide, bilaterally and multilaterally. Therefore, we also push for the issue of introducing a moratorium in the countries that continue to apply the death penalty.
The government has, as stated in several statements, including through the EU, urged Israel not to proceed with the bill.
Regarding Azra Muranovics' question, the government does not exclude measures in the form of an expanded differentiation policy. It could include special tariffs on products from settlements and import restrictions through export certificates, both for the reasons we have discussed today and because of the expanded and increasingly aggressive settlements. We have previously, as you know, pushed for a suspension of the association agreement due to the dreadful humanitarian situation in Gaza.
I assess that there is no political support in the council to proceed with this, as it requires unanimity. On the other hand, it may be easier to push forward on issues that only require a qualified majority, such as various measures in the trade area.
Azra Muranovic (S)
Madam Speaker! Thank you, Minister for Foreign Affairs, for the answer!
It is good that Sweden is pushing forward where it is pushing forward. It is good that one wants to see extended tariffs, and it is good that one wants to label settlement goods. However, it is not enough in the situation we face.
I want to be very clear: We are talking about a system that has truly been criticized from many, many perspectives and which is already sentencing children. I really want to focus on the fact that death sentences against children and young people could very soon become a reality. In that case, general stances and rhetorical condemnations are not enough. Sweden must push within the EU to actually build a broad consensus on these issues. Otherwise, we will continue to normalize Israel's behavior by treating the country like any other partner.
Sweden also needs to remind the EU that it has suspended the association agreement earlier for other countries. There have been significantly fewer areas of conflict and criticism regarding those countries.
This is not a peripheral issue, but it is about the image of Sweden out in the world. It is about standing up for international law, international humanitarian law, and human rights in a time when these are being trampled and handled in an incredibly disrespectful way, both when it concerns civilians and, above all, when it concerns children. As the Foreign Minister also knows, every fifth child in the world is affected. State actors violate their rights and living conditions in a way that contradicts everything international law and human rights stand for.
If we in Sweden are to stand up for international law, we must be prepared to continue to continuously push for a stance in the EU and signal that such behavior is not normal. We cannot be partners with a country that can actually come to pass death sentences not only on Palestinians as such but also on Palestinian children.
Jamal El-Haj (-)
Madam Speaker and the Minister for Foreign Affairs! One must always consistently distance oneself from terrorist organizations, but that is not enough. One must counter them every day. The death penalty is never acceptable, but this law is particularly offensive as it appears to be designed to be applied to Palestinians – not Israelis. It is an illiberal, racist and discriminatory law that does not belong in a democracy, but unfortunately, it is not surprising under Benjamin Netanyahu's right-wing government.
The decision in the Israeli parliament to enable the execution of Palestinian prisoners must be met with sharp and unequivocal criticism. The legislation reflects a policy characterized by apartheid and entails a dangerous legalization of further abuses. It constitutes a serious violation of international humanitarian law, including the Fourth Geneva Convention.
The situation for Palestinian prisoners in Israeli prisons is described as very serious. Human rights organizations have documented torture, inhuman treatment, and systematic violations of fundamental rights. Thousands are held in detention, including children and women. The international community and the Swedish government must act immediately and clearly. A review of the agreements with Israel is required, as well as concrete pressure to stop the enforcement of the laws. Otherwise, we risk normalizing a world order where the right of the strongest replaces the principles of the rule of law.
Utrikesministern Maria Malmer Stenergard (M)
Madam Speaker! The Israeli Knesset's adoption of a new law on the death penalty cannot be justified. It is also difficult to find words to describe how terrible it is. Just the thought that children could be affected is hard to take in. This represents a serious departure from the long-standing practice that has prevailed in Israel regarding a de facto moratorium on the death penalty.
I want to be very clear, however, that this is not, as Azra Muranovic said, a rhetorical condemnation. This is a condemnation. To the Israeli counterparts, Sweden continuously conveys clear messages that international law, including international humanitarian law, must be respected. This applies in particular in Gaza, where the humanitarian situation is still very difficult and the implementation of the peace plan risks stalling. Sweden therefore continues to push the issue of humanitarian access and calls for an immediate implementation of the peace plan. I am afraid that it is now being delayed, with serious consequences as a result.
Sweden is also clear that the settlements on the West Bank violate international law. Not only has the construction of settlements increased, but also the unacceptable settler violence. This cannot continue. In addition to the dialogue with Israeli representatives, the government, as part of increasing the pressure on Israel, has for a long time been driving within the EU to introduce sanctions against extremist settlers and extremist Israeli ministers who push for the settlements.
We will continue to push the issue. We have initiated work to move forward the positions and develop further proposals for sanction listings. At the same time, and this must never be forgotten, Hamas must be disarmed. Hamas cannot have a place in a future government of Gaza.
In the long run, a negotiated two-state solution based on international law is needed. It is the only sustainable solution that ensures that Israelis and Palestinians can live side by side in peace, freedom, and democracy.
Azra Muranovic (S)
Madam Speaker! I think this debate is actually quite simple. The Government says that one is against the death penalty. One says that one sees the problem, that there is significant discrimination and that there is a criminalization of crimes against international law and human rights.
It is precisely here that Sweden's credibility is being tested. It is not about what we say, but about what we do when it costs. I think the steps that the government has taken regarding extreme settlers are very good. However, I do not think they are enough. This is not just a settler problem, but it is a government-driven and parliamentary problem where Israel as a state actor continues to commit serious crimes. The EU has tools, and Sweden can take initiative.
So, I want to conclude where I began. Will Sweden continue to test the human rights clause in the association agreement? Or will you continue to bypass this and focus on the settlers instead of the state of Israel?
Utrikesministern Maria Malmer Stenergard (M)
Madam Speaker! Israel is obliged to treat detainees in accordance with its international law obligations and to investigate reports of violations and mistreatment. I want to mention this because the issue of the treatment of detainees has been raised in the debate earlier.
Sweden has repeatedly urged Israel to fulfill its international law obligations in connection with, precisely, deprivation of liberty and prosecution. Israel was reviewed in May 2023 in the UN's Universal Periodic Review, Universal Periodic Review, in the UN Human Rights Council. Sweden then recommended that Israel ensure that so-called administrative detention is only used in temporary and exceptional cases and with respect for international law, especially in cases concerning minors, which have also come up significantly in the debate.
I think this debate is incredibly important, just as Azra Muranovic says. We are concerned about the developments in Israel, and when we say that we want to impose sanctions on extremist Israeli ministers, it is about something that strikes directly at the Israeli government.
In an EU context, we belong to the countries that take different initiatives. One can absolutely discuss the issue of association agreements. We are not there, and I believe, as I said, that it will not be possible to reach the total consensus required to be able to move forward. It is also for that reason that we are trying to look at other ways forward to put further pressure on the Israeli government. It is needed, in fact.
I have just returned from a council meeting in Luxembourg and can state that there are many countries raising criticism regarding the new legislation and the situation when it comes to specifically the death penalty. I hope that this can create a basis to put further pressure on Israel.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.