Israeli legislators have passed a new bill to establish a special tribunal that can issue death sentences to Palestinians involved in the 2023 Hamas-led attack that sparked the conflict in Gaza. The bill, approved by a 93-0 vote in the 120-seat Knesset, aims to hold individuals accountable for the deadliest assault in Israel’s history. Critics argue that the legislation makes it easier to apply the death penalty and diminishes safeguards for fair trials. Appeals of sentences would be handled by a dedicated appeals court rather than the usual judicial process.
The bill has drawn parallels to the televised trial of Nazi war criminal Adolf Eichmann in 1962, as it authorizes judges to impose the death penalty by majority decision and mandates that trials be broadcast from a Jerusalem courtroom. Despite the execution of Eichmann being the last instance where capital punishment was carried out in Israel, the law technically allows for the death penalty in cases of genocide, wartime espionage, and specific terror acts.
Concerns have been raised that live-streaming the trials before guilt is determined could sensationalize the proceedings and raise doubts about the credibility of evidence obtained through aggressive interrogation tactics. The 2023 conflict began with a Hamas-led incursion into Israel, resulting in approximately 1,200 casualties and 251 hostages. The subsequent Israeli military operations in Gaza have led to the deaths of over 72,628 Palestinians, with around half being women and children, according to the Gaza Health Ministry.
While Simcha Rothman, a proponent of the bill and a member of Prime Minister Benjamin Netanyahu’s coalition, hailed the Knesset’s support as a unifying force, various Israeli human rights organizations emphasized the importance of upholding justice principles in seeking accountability for the October 7 attack victims. The recently passed law allowing the death penalty for Palestinian perpetrators of Israeli murders has faced global criticism for its perceived discriminatory nature.
Separately, the Public Committee Against Torture in Israel reported that approximately 1,300 Palestinians from Gaza remain detained without charges, with over 7,000 Palestinians initially held since October 2023 and 5,000 subsequently released. Notably, the death penalty law for Palestinian murderers of Israelis applies to future cases and does not retroactively affect the suspects involved in the October 2023 incident.