A measure to create a special tribunal with the authority to execute Palestinians charged with participating in the October 7, 2023, Hamas-led strikes has been adopted by Israeli lawmakers.
Late on Monday, the Knesset, Israel's 120-member parliament, passed the law 93-0. The remaining 27 lawmakers either did not show up or did not cast ballots.
The legislation was created especially for crimes deemed to be connected to terrorism. According to numerous reports, it only applies to Palestinians in civil courts for actions deemed to be "negating the existence of the State of Israel" or in military courts within the occupied Palestinian territory.
The bill, according to Israeli and Palestinian rights organisations, will eliminate safeguards for the right to a fair trial and make the death penalty too simple to apply.
To achieve the mass conviction of Palestinians, the bill purposefully reduces the legal protections for a fair trial, according to Muna Haddad, an attorney with Adalah, The Legal Center for Arab Minority Rights in Israel, who spoke with Al Jazeera.
According to Haddad, "the bill explicitly permits mass trials that deviate from standard rules of evidence, including broad judicial discretion to admit evidence obtained under coercive conditions that may amount to torture or ill-treatment". "This falls far short of the requirements of international law and constitutes a serious violation of fair trial guarantees."
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The measure requires the taping and public broadcasting of significant events in the proceedings on a dedicated website, which deviates from the regular Israeli judicial practice of usually forbidding courtroom cameras. This covers punishment, verdicts, and opening hearings. This clause essentially "transforms proceedings into show trials at the expense of the accused's rights," Haddad said.
"The presumption of innocence, the right to a fair trial, and the right to dignity are violated by the provisions governing public hearings," Haddad clarified.
An estimated 200–300 Palestinians have been detained by Israel, including individuals who were apprehended there during the October 7 attacks but have not yet been charged. According to an Al Jazeera count based on official Israeli numbers, at least 1,139 people—mostly civilians—were killed in the Hamas-led attack on Israeli villages along Israel's southern border with Gaza. About 240 more people were taken into custody.
At least 72,628 Palestinians were killed in Israel's war on Gaza, including at least 846 after a "ceasefire" mediated by the US went into place in October of last year. The Palestinian area is in ruins as a result of the conflict, which experts at the UN believe may qualify as genocide.
While "justice for the victims of October 7 is a legitimate and urgent imperative", several Israeli rights organisations, including Hamoked, Adalah, and the Public Committee Against Torture in Israel, stated: "Any accountability for the crimes must be pursued through a process which includes rather than abandons the principles of justice."
The bill is distinct from a March law that authorised the death sentence for Palestinians found guilty of killing Israelis. The international community and human rights organisations strongly denounced this proposal as cruel and discriminatory.
The October 2023 suspects could not be subject to that statute because it is not retroactive and only applies to future instances.
The new law "serves as a cover for the war crimes committed by Israel in Gaza," according to Hamas spokesperson Hazem Qassem.
As part of its investigation of Israel's actions during the Gaza War, the International Criminal Court has issued arrest warrants for Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and three Hamas leaders, all of whom Israel has since killed. Additionally, Israel is battling the International Court of Justice in a genocide case. It denies the accusations.
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