Israel‘s parliament has passed a new law establishing a special military tribunal to try hundreds of Palestinian fighters accused of participating in the October 7, 2023 attack on Israel.
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The legislation, approved late Monday by a large majority in the Knesset, is aimed at prosecuting militants captured during the attack led by Hamas’ elite Nukhba force. Israeli lawmakers said the move would help address national trauma and ensure accountability.
According to Israeli authorities, the October 7 assault killed at least 1,200 people, most of them civilians, making it the deadliest attack in Israel’s history and the worst attack on Jews since the Holocaust.
Israel’s military response in Gaza Strip has since resulted in the deaths of more than 72,000 Palestinians, according to figures cited in the report, while large parts of Gaza have been devastated.
The newly established military court, which will operate in Jerusalem, is expected to hear cases against an estimated 200 to 300 fighters currently held by Israel. The court may also prosecute individuals accused of holding or abusing Israeli hostages.
Proceedings will reportedly be public, with key hearings broadcast live. Defendants will attend major hearings in person, while other sessions may take place through video links.
Israeli lawmaker Yulia Malinovsky, one of the bill’s authors, said the law would guarantee a fair and lawful process under Israeli criminal statutes related to crimes against humanity, war crimes, and attacks against the Jewish people.
However, legal experts raised concerns about due process and the risk of politically charged “show trials.” Yale Law School expert Ya’ara Mordecai warned that the military court structure could create legal and ethical challenges.
The law also leaves open the possibility of capital punishment for some charges. Israel’s penal code allows the death penalty in limited circumstances, although it has only been carried out once, against Nazi official Adolf Eichmann in 1962.
Hamas condemned the legislation, calling it an attempt to justify alleged Israeli war crimes in Gaza.
Meanwhile, the International Criminal Court is investigating alleged crimes committed during the Gaza conflict and has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, along with several Hamas leaders who were later killed.
