Amnesty International has issued a stark warning regarding new counter-terrorism legislation in Kuwait, stating that the measures undermine fundamental human rights and significantly broaden the application of capital punishment. The organization argues that the legal framework, introduced against the backdrop of military hostilities involving Iran and Gulf states, employs overly broad and ambiguous provisions that threaten freedom of expression, peaceful assembly, movement, and association.
Vague Definitions and Criminalization of Dissent
On March 15, 2026, the Emir of Kuwait issued Decree-Law No. 47 of 2026 concerning the combating of terrorist crimes. This legislation is part of a broader package of judicial and legal measures implemented in March 2026, including the creation of specialized public prosecution branches and dedicated courts for terrorism cases. Amnesty International notes that the law adopts an excessively loose definition of “terrorist acts,” which conflicts with the principle of legal certainty.
Under the new statute, a terrorist act is defined as any action or threat causing damage to national wealth, private or public property, public facilities, or transport networks, with the aim of spreading terror among people or endangering societal safety. Crucially, the definition includes acts intended to compel a public authority or international organization to perform or abstain from an act. Mahmoud Shalaby, a regional researcher at Amnesty International, stated that these provisions pose a significant risk of criminalizing protected activities under international human rights law, such as peaceful protests, strikes disrupting transport, and other forms of lawful opposition.
Mandatory Death Penalty and Legal Concerns
The legislation drastically expands the scope of the death penalty. Any crime previously punishable by life imprisonment now carries a mandatory death sentence if classified as a “terrorist act.” This includes offenses such as disseminating false statements during wartime that undermine national security when done in collusion with hostile states, or hijacking ships at sea. Amnesty International emphasizes that imposing the death penalty for crimes not involving intentional killing violates Kuwait’s obligations under the International Covenant on Civil and Political Rights.
The law also introduces the concept of “terrorist danger,” allowing authorities to detain individuals whose behavior poses a serious threat of committing a terrorist act. This status can be applied to those who spread, support, or glorify ideas inciting terrorism, terms that remain undefined and thus open to arbitrary interpretation. Furthermore, individuals with regular associations with persons involved in terrorism may also be deemed dangerous.
Amnesty International called on Kuwaiti authorities to urgently amend the law to ensure compliance with international human rights commitments. The organization demanded an immediate moratorium on the use of the death penalty, asserting that national security cannot serve as a pretext for eroding rights. While acknowledging the context of regional conflict, Amnesty stressed that certain rights, including the right to life and the principle of legality, are non-derogable under any circumstances.
This report was produced by the HuMedia newsroom.
