New Legislation Passed Unanimously

The legislation, which received 93 votes to 0 in Israel’s parliament,the Knesset,was jointly sponsored by government and opposition politicians; the remaining 27 lawmakers were absent or abstained from the vote.

Public Trials and Accountability

Yulia Malinovsky, a co-sponsor of the bill, stated at a news conference: ‘May everyone see how the victims and their families look into the whites of the eyes of those murderers, rapists and kidnappers.’ She also emphasized that the State of Israel is a sovereign state capable of holding those who harmed it to account.

Human Rights Concerns

Israeli human rights groups have raised concerns about the new law, opposing the principle of capital punishment and warning against ‘show trials’ based on confessions allegedly extracted under torture. Sari Bashi of the Public Committee Against Torture in Israel stated that Palestinian suspects have been tortured systematically and in a widespread manner.

The events of October 7, 2023, were the deadliest day in Israel’s history, with over 1,200 people killed and 251 kidnapped; the ensuing war in Gaza has resulted in the deaths of 72,740 people, according to the Hamas-run Health Ministry.

Although Israel’s parliament passed the Death Penalty for Terrorists Law in March, it does not apply retroactively; this necessitated the new legislation to deal with those alleged to have carried out the October 7 assault.

Proponents of the law compare the upcoming trials to that of Nazi war criminal Adolf Eichmann, who was hanged in 1962. The new law creates a special legal framework for prosecuting those accused of direct involvement in the attacks, including members of the Nukhba special forces unit of the al-Qassam Brigades, who were captured in Israel.

Those accused are expected to face charges ranging from terrorism and murder to sexual violence and genocide, with the latter carrying the death penalty; they will be tried before a special military court in Jerusalem with different rules from regular criminal trials.

Key moments of the hearings, including the opening, verdict, and sentencing, will be filmed and broadcast on a dedicated website — Victims of the October 7 assault and bereaved families participated in parliamentary committee discussions about the new legislation.

Carmit Palty Katzir, whose brother was taken hostage and killed, emphasized the importance of safeguarding the rights of those most affected — she stated, ‘It’s important to understand that in so many ways this event hasn’t ended.’

Israel’s Prison Service currently holds 1,283 people as so-called unlawful combatants, with the majority from Gaza. A small number of Gazans are believed to be held by the Israeli military, and 300 to 400 Gazans are held as criminal defendants, suspected of involvement in the October 7 attacks.

Proponents of the new law argue that the military court will adjust some normal rules of evidence and procedure to handle the legal process’s significant size and importance. They claim this will not significantly affect the fairness of the trial, and However, human rights groups dispute this, saying existing procedures are designed to protect defendants’ rights. Some hearings may be held without the defendants being physically present.

Justice Minister Yariv Levin stated that ‘work of an enormous and first-ever scale’ had been carried out under his direction to set up the special legal framework. He mentioned that an investigation team reviewed a huge body of evidence and interrogated the captured terrorists.

A few dozen Gazans protested against the new death penalty law outside the headquarters of the International Committee of the Red Cross in Gaza City. Hisham al-Wahad. The brother of missing journalist Haitham al-Wahad, stated, ‘Look, this law is cruel, it’s a law that tries to take away the hope that you’re living on.’.

Recent polls indicate growing support for the death penalty among Jewish Israelis, particularly for Nukhba fighters convicted of terrorism. Surveys also show wide support for an independent commission of inquiry into the October 7 attacks, although the current coalition has committed only to a government-led inquiry.

Many bereaved Israeli families insist that the new special military tribunal law only addresses one aspect of justice. Carmit Palty Katz has said. ‘It cannot be that we’re focused on the Nukhba terrorists and not how this horrible tragedy happened and who will take responsibility, who will take the legal stand on this or take into consideration relatives’ healing.’.