Israel’s parliament, the Knesset, has passed a law establishing a special military tribunal to try hundreds of Palestinian's accused of taking part in the 7 October 2023 attack on Israel, in a move lawmakers say is aimed at addressing national trauma.

The legislation, approved late on Monday (11 May), passed with a wide majority of 93 out of 120 lawmakers, marking a rare moment of cross-party agreement in Israeli politics.

Tribunal

The attack, led by elite “Nukhba” fighters from the Palestinian militant group Hamas, was Israel’s deadliest single day in history, killing at least 1,200 people, most of them civilians, according to Israeli authorities.

Israel’s response was a large-scale military campaign in Gaza that, according to Gaza health authorities, has killed more than 72,000 Palestinians, mostly civilians, and left much of the territory in ruins.

Under the new law, a special military court in Jerusalem, presided over by a three-judge panel, will try an estimated 200-300 detainees captured during the attack who have not yet been charged. The tribunal may also prosecute additional suspects later detained in Gaza or those accused of involvement in hostage-taking or abuse.

The legislation, backed by both coalition and opposition lawmakers, is intended to ensure suspects are tried under Israeli criminal statutes for what it describes as crimes against humanity, war crimes and crimes against the Jewish people.

Proceedings will be open to the public, with key hearings broadcast live. Defendants will attend only major hearings in person, with others held via video link, while surviving victims will be permitted to attend in person.

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Legal debate

Legal experts have raised concerns about due process in a military court setting. Ya’ara Mordecai of Yale Law School warned that the framework could risk politicised or symbolic “show trials”, despite the government’s assurances.

Knesset member Yulia Malinovsky, one of the bill’s authors, defended the legislation, saying it ensures fair trials conducted under law rather than public emotion.

“They will be sentenced by Israel’s judges, not by the street or by what we all feel,” she said ahead of the vote.

The law also includes the possibility of capital punishment for certain charges. Any death sentence would automatically trigger an appeal, according to the legislation. Israel last carried out an execution in 1962, when Nazi organiser Adolf Eichmann was hanged.

Separately, Israel passed a law in March making death by hanging a default sentence for Palestinians convicted in military courts of deadly attacks, a move that has drawn domestic and international criticism and is expected to face review by the Supreme Court.

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Hamas condemns new law

Hamas spokesperson Hazem Qassem condemned the new tribunal law, calling it cover for Israeli actions in Gaza.

Meanwhile, the International Criminal Court (ICC) is investigating Israel’s conduct in the Gaza war and has issued arrest warrants for senior Israeli and Hamas figures, including Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, as well as three Hamas leaders who have since been killed by Israel.

Israel is also fighting a genocide case at the ICC. Israel rejects the allegations, arguing its campaign is directed against Hamas, not Palestinian civilians.

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