Israeli legislators have passed a bill to establish a special court capable of trying and delivering death sentences to Palestinians found guilty in the 2023 Hamas-led attack that sparked conflict in Gaza. The bill, approved by a vote of 93-0 in the 120-seat Knesset, signifies broad support for holding individuals accountable for the deadliest assault in Israel’s history. Critics of the measure argue that it simplifies the imposition of the death penalty and eliminates safeguards for fair trials, as well as redirects appeals to a distinct special appeals court instead of the regular system.
The legislation grants a group of judges the authority to issue death penalties by majority decision and mandates that trials take place in a live-streamed courtroom in Jerusalem, drawing parallels to the televised 1962 trial of Nazi war criminal Adolf Eichmann, who was subsequently executed by hanging. While Israel last carried out a death penalty with Eichmann, the law still technically allows for capital punishment in cases of genocide, wartime espionage, and specific terrorist acts.
Opponents of the bill raise concerns that live-streaming trials prior to establishing guilt could sensationalize proceedings and cast doubt on the reliability of potentially coerced evidence. The conflict initiated on October 7, 2023, when Hamas-led militants breached Israel’s borders, resulting in approximately 1,200 casualties and 251 hostages. Israel’s subsequent offensive in Gaza has reportedly led to the deaths of over 72,628 Palestinians, with around half of the fatalities being women and children, according to the Gaza Health Ministry, which is generally trusted by UN bodies and independent analysts.
Israeli forces have also engaged in clashes with militants in Gaza, resulting in numerous casualties and the detention of suspects awaiting trial in Israel. While proponents of the bill view it as a unified effort among Israeli lawmakers, rights groups emphasize the importance of upholding justice while pursuing accountability for the October 7 attacks within a framework that respects principles of justice.
Separate from a previous law permitting the death penalty for Palestinians convicted of killing Israelis, the new bill is not retroactive and therefore does not apply to the 2023 suspects. As per the Public Committee Against Torture in Israel, the country currently detains approximately 1,300 Palestinians from Gaza without charges, with thousands of individuals previously held and later released. Not included in the 1,300 detainees are those suspected of involvement in the October 7 attacks or hostage-taking incidents.
