Israeli lawmakers approved a bill on Monday establishing a special tribunal with the authority to sentence to death Palestinians convicted of participating in the 2023 Hamas-led attack that sparked the Gaza war. The measure passed 93-0 in the 120-seat Knesset, with 27 lawmakers absent or abstaining, reflecting broad support for punishing those responsible for the deadliest attack in Israel's history.
Criticism from rights groups
Rights groups have criticized the measure, arguing it makes the death penalty too easy to impose while eliminating procedures that safeguard the right to a fair trial. Defendants can appeal their sentences, but appeals must be heard by a separate special appeals court rather than a regular appeals court.
Comparisons to Eichmann trial
The bill empowers a panel of judges to hand down the death penalty by a majority vote and requires trials to be conducted in a livestreamed Jerusalem courtroom. This has drawn comparisons to the 1962 trial of Nazi war criminal Adolf Eichmann, which was broadcast live on television. Eichmann was executed by hanging, the last time the death penalty was carried out in Israel, though capital punishment remains on the books for genocide, wartime espionage, and certain terror offenses.
Opponents argue that livestreaming proceedings before guilt is established risks turning the trials into a spectacle. They have also raised concerns about the reliability of evidence, which may have been extracted through harsh interrogation methods.
Background of the conflict
The war began when Hamas-led militants stormed into Israel on October 7, 2023, killing about 1,200 people and taking 251 hostages. Israel's subsequent offensive in Gaza has killed over 72,628 Palestinians, including at least 846 since a ceasefire took effect in October, according to the Gaza Health Ministry. The ministry, part of the Hamas-led government, does not differentiate between civilians and combatants but reports that around half the deaths were women and children. UN agencies and independent experts generally consider these figures reliable.
Israeli forces also killed hundreds of militants in battles in Gaza and took an unknown number of suspects into custody, where they await trial.
Support and opposition
Simcha Rothman, one of the bill's sponsors and a member of Prime Minister Benjamin Netanyahu's ruling coalition, said the overwhelming consensus shows Israeli lawmakers can unite "around a common mission." Several Israeli rights groups, including Hamoked, Adalah, and the Public Committee Against Torture in Israel, stated that while "justice for the victims of October 7 is a legitimate and urgent imperative," accountability must be pursued through a process that includes, rather than abandons, the principles of justice.
This bill is separate from a law passed in March that approved the death penalty for Palestinians convicted of murdering Israelis, which was condemned as discriminatory and inhumane. That law applies to future cases and is not retroactive, so it cannot apply to the October 2023 suspects.
According to the Public Committee Against Torture in Israel, the country still holds about 1,300 Palestinians from Gaza without charge in its detention facilities. At least 7,000 Palestinians from Gaza have been held in Israeli custody since October 2023, with 5,000 later released. The 1,300 figure does not include those held on suspicion of attacking Israel on October 7 or involvement in holding hostages.
