Israel’s Knesset voted late Monday to establish a specialized military court that will prosecute Palestinian fighters involved in the devastating October 7, 2023 Hamas assault, with lawmakers describing the measure as necessary for national healing.
The Hamas-led attack, spearheaded by elite “Nukhba” commandos, marked the deadliest day in Israeli history and the most severe assault on Jewish people since the Holocaust. The violence claimed at least 1,200 lives, predominantly civilians.
In response, Israel launched a military campaign against Gaza that has resulted in more than 72,000 Palestinian deaths, mainly civilians, while devastating large portions of the territory.
Israeli authorities are currently detaining an estimated 200-300 fighters captured during the initial attack – though exact figures remain classified – who have yet to face formal charges.
The newly authorized military tribunal will operate in Jerusalem with a three-judge panel and may also prosecute additional suspects apprehended in Gaza who are believed to have participated in the attack or mistreated Israeli captives.
The legislation received broad support from 93 of the Knesset’s 120 members, demonstrating unusual political consensus in Israel.
During the October 7 assault, militants breached Gaza’s border barriers and attacked Israeli communities, military installations, highways, and a music festival. Beyond the killings, the attackers seized 251 hostages and transported them to Gaza.
Both ruling coalition and opposition legislators co-authored the bill, designed to guarantee prosecution of all perpetrators under Israeli criminal law for what the legislation characterizes as crimes against the Jewish people, crimes against humanity, and war crimes.
Court sessions will be open to the public, with significant hearings transmitted live. While defendants will appear in person only for crucial proceedings and participate via video for others, attack survivors will receive in-person courtroom access under the new statute.
Ya’ara Mordecai, an international law scholar at Yale Law School, expressed reservations about due process protections within the military court framework and warned of potential risks that atrocity trials could become politicized or symbolic “show trials.”
Knesset member Yulia Malinovsky, who helped draft the legislation, defended the law as guaranteeing fair and legal proceedings.
“They will be sentenced by Israel’s judges, not by the street or by what we all feel,” Malinovsky stated before the vote. “At the end of the day, what makes us great is our spirit, our resilience, ability to cope and withstand this immense pain.”
Israel’s criminal code permits capital punishment for certain charges the militants will likely confront. Any death sentence would automatically trigger a defendant’s appeal under the new law.
Adolf Eichmann, a key architect of the Nazi Holocaust who was captured by Israeli operatives in Argentina, remains the last person executed in Israel when he was hanged in 1962. While military courts in the occupied West Bank possess authority to impose death sentences on Palestinian defendants, they have never exercised this power.
A separate March law making death by hanging the standard penalty for Palestinians convicted in military courts of fatal attacks has faced domestic and international criticism and is anticipated to be overturned by the Supreme Court.
Hamas Gaza spokesperson Hazem Qassem denounced the new legislation, claiming it “serves as a cover for the war crimes committed by Israel in Gaza.”
The International Criminal Court is investigating Israel’s Gaza war conduct and has issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, along with three Hamas leaders who have all been subsequently killed by Israel.
Israel is also defending against a genocide case at the International Court of Justice. Israeli officials dismiss these allegations as politically driven and maintain that their military operation targets Hamas rather than Palestinian civilians.
