Israel’s parliament (the Knesset) approved late Monday a law establishing a special military court to try hundreds of Palestinian militants involved in the October 7, 2023 attack on Israel, a move lawmakers said would help heal national wounds.
The surprise attack led by Hamas marked Israel’s deadliest day since the country’s establishment and the worst attack on Jews since the Holocaust. Israel says at least 1,200 people, most of them civilians, were killed in the assault.
Israel responded with a military offensive in Gaza that, according to the territory’s health authorities, has killed more than 72,000 Palestinians, most of them civilians, and left much of Gaza in ruins.
Israel is believed to be holding between 200 and 300 militants captured inside Israel during the attack, though it has not disclosed an exact number, and no charges have yet been filed against them.
The special military court, to be established under the new law and presided over by a panel of three judges in Jerusalem, will also be authorized to try others captured later in Gaza who are suspected of involvement in the attack or in the detention or mistreatment of Israeli captives.
The legislation passed with overwhelming support, receiving 93 votes out of 120 in the Knesset—an unusual display of Israeli political unity.
Militants crossed from Gaza into southern Israeli towns, military bases, roads, and attacked a music festival. In addition to the killings, 251 hostages were taken to Gaza.
No Trial Date Set
The bill was drafted by lawmakers from both the ruling coalition and the opposition, aiming to ensure that all participants in the attack are prosecuted under existing Israeli criminal laws for what the legislation describes as crimes against the Jewish people, crimes against humanity, and war crimes.
Proceedings will be public, with key hearings broadcast live. Under the new law, defendants will attend only the main hearings in person, while all other sessions will be conducted via video link. Survivors of the attack will be allowed to attend in person.
Yaara Mordechai, an international law expert at Yale Law School, said the new law raises concerns regarding due process because of the military judicial framework, as well as the risk that trials over atrocities could become politicized or symbolic “show trials.”
Yulia Malinovsky, a Knesset member and one of the bill’s sponsors, said the legislation guarantees a fair and lawful trial.
“Israeli judges will decide their fate, not the street or what we all feel… Ultimately, what makes us great is our spirit, our strength, and our ability to cope with and endure this immense pain,” Malinovsky said before the vote.
Death Penalty Option
Israeli criminal law includes the death penalty for some of the charges the militants are likely to face.
Under the new law, any death sentence would trigger an automatic appeal on behalf of the defendant.
The last person executed in Israel was Adolf Eichmann, one of the architects of the Nazi Holocaust, who was hanged in 1962 after being captured by Israel in Argentina. Military courts in the occupied West Bank can impose death sentences on convicted Palestinians, but have never done so.
A separate law passed in March, making hanging the default punishment for Palestinians convicted in military courts of deadly attacks, drew criticism domestically and internationally and is expected to be overturned by the Supreme Court.
Hamas Condemns the New Law
Hamas spokesperson in Gaza, Hazem Qassem, said the new law provides cover for what he described as war crimes committed by Israel in Gaza.
The International Criminal Court is investigating Israel’s conduct during the Gaza war and has issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, as well as three Hamas leaders, all of whom have since been killed by Israel.
Israel is also facing a genocide case before the International Court of Justice. Israel rejects the accusations as politically motivated, arguing that its war targets Hamas, not Palestinians.
Reuters
