JERUSALEM (AP) – Israeli lawmakers unanimously passed a bill on Monday to establish a special tribunal authorized to hear cases and impose the death penalty on Palestinians convicted of participating in the 2023 Hamas-led attack that triggered the ongoing conflict in Gaza. The measure received overwhelming support, passing with a vote of 93-0 in the Knesset, Israel’s parliament, which has 120 members. The remaining 27 lawmakers either abstained from voting or were absent, highlighting a collective call for accountability in light of the attack, which resulted in the deaths of approximately 1,200 Israelis.
Human rights organizations have raised significant concerns about this legislation. Critics argue that it makes it easier to impose the death penalty and lacks necessary safeguards to ensure a fair trial. While defendants will have the option to appeal their sentences, these appeals will be heard by a separate special appeals court, rather than the standard judicial system. This change has led to fears that the reforms may undermine judicial fairness.
The newly established tribunal is notable for allowing a panel of judges to impose the death penalty by majority vote. The trials are mandated to be conducted in a Jerusalem courtroom that will be livestreamed, drawing comparisons to the infamous trial of Nazi war criminal Adolf Eichmann in 1962, which was also broadcast live. Eichmann was executed by hanging, marking the last use of capital punishment in Israel, although capital punishment remains on the books for specific crimes, including genocide, wartime espionage, and certain terror offenses.
Opponents of the bill have voiced concerns about the potential for trial proceedings to devolve into media spectacles, particularly with the livestreaming component before guilt is established. They have questioned the reliability of the evidence that could be utilized during these trials, emphasizing that some evidence might have been obtained through harsh interrogation methods.
The context of the war began when Hamas militants launched an attack on Israel on October 7, 2023, killing around 1,200 individuals and taking 251 hostages. In response, Israel has conducted a vigorous military campaign in Gaza, resulting in an estimated death toll of over 72,628 Palestinians, according to the Gaza Health Ministry. This figure, which does not distinguish between combatants and civilians but states that roughly half the casualties were women and children, has been deemed credible by U.N. agencies and independent experts. While Israeli forces have also reported killing hundreds of militants, an undisclosed number of suspects are currently in custody awaiting trial.
Simcha Rothman, a sponsor of the bill and member of Prime Minister Benjamin Netanyahu's coalition, expressed that the resounding support for this bill reflects lawmakers' ability to unite around a shared goal. However, several Israeli rights groups—including Hamoked, Adalah, and the Public Committee Against Torture in Israel—have asserted that while justice for the victims of the October 7 attack is an urgent necessity, it must not come at the expense of justice principles.
The new bill distinguishes itself from a prior law enacted in March 2023, which permitted the death penalty for Palestinians convicted of murdering Israelis—a measure that has faced international condemnation as discriminatory. This earlier law was not made retroactive, thus not applicable to those involved in the October 2023 incident.
According to the Public Committee Against Torture in Israel, the nation currently detains around 1,300 Palestinians from Gaza without charges in its facilities. Since the beginning of the conflict in October 2023, at least 7,000 Palestinians from Gaza have been held in Israeli custody, with approximately 5,000 subsequently released. The aforementioned 1,300 figure excludes those suspected of involvement in the October 7 attack or the hostage situation.
