Kuwait's 2026 counterterrorism law expands
Amnesty International warns that Kuwait's new counterterrorism law, enacted in March 2026, uses an overly broad definition of terrorism to expand the death
Kuwait enacted a sweeping counterterrorism law on 15 March 2026 that significantly expands the scope of the death penalty and threatens fundamental freedoms, according to Amnesty International. The Emir of Kuwait issued Decree-Law No. 47 of 2026 on Combating Terrorism Crimes as part of a package of measures introduced shortly after the outbreak of the Iran war.
Mahmoud Shalaby, a Regional Researcher at Amnesty International, stated that national security must not justify trampling on rights. "Kuwaiti authorities introduced counterterrorism legislation that expands the scope of the death penalty and permits punitive and arbitrary restrictions on freedom of movement and association for people who have not been convicted of a crime," Shalaby said. The organization is calling for urgent amendments to align the law with Kuwait's international human rights obligations and for a moratorium on executions.
Mandatory death penalty expansion
Under the new law, any offence punishable by life imprisonment now carries a mandatory death penalty if classified as a "terrorist act." This includes acts such as spreading "false information" during wartime in a way that undermines national security, if linked to espionage, or attacks on ships at sea. Amnesty International asserts that this expansion, including mandatory imposition for offences not meeting the "most serious crimes" threshold involving intentional killing, violates Kuwait's obligations under the International Covenant on Civil and Political Rights.
The organization opposes all executions. Kuwait already imposes the death penalty for various offences, and in 2025 passed a law expanding its use for drug-related crimes.
Overly broad definition of terrorism
The 2026 law replaces a previous, narrower definition from 2013. The new definition is significantly broader and vaguer, risking the criminalization of protected activities.
Amnesty International warns this definition could criminalize peaceful dissent. The UN Special Rapporteur on counter-terrorism and human rights has stated definitions should not extend beyond acts involving death or serious injury to life and should expressly exclude peaceful advocacy and protest.
Punishment without conviction
The law introduces a concept of "terrorism danger" for individuals not convicted of any crime. A person can be deemed a danger for "disseminating, endorsing, or glorifying ideas that incite" terrorism, or for habitual association with suspect individuals or groups. Vague terms like "endorsing" are not defined.
Those labeled a "terrorism danger" can be instructed by the Public Prosecution to enter a government rehabilitation program. Non-compliance can lead to a court order forcing participation and imposing additional restrictions like police monitoring, movement bans, and contact prohibitions.
Amnesty International states that imposing such restrictive measures without a criminal conviction violates the presumption of innocence and due process. These measures interfere with rights to freedom of movement, association, privacy, and family life.
Specialized courts and prosecutions
Two weeks after the main decree, authorities established a specialized prosecution branch and designated courts for terrorism cases via Decree-Law No. 51 of 2026. Amnesty International's analysis is based on a review of these laws and the Penal Code, alongside anonymous interviews with two individuals arrested under the new framework amid a wider crackdown on expression following the Iran war.
