TEL AVIV: Israel’s parliament late on Monday approved a new law establishing a special military tribunal to prosecute hundreds of Palestinian fighters accused of involvement in the October 7, 2023 attack on Israel.
The surprise assault, carried out by elite “Nukhba” unit fighters from the Palestinian group Hamas, left at least 1,200 people dead. The attackers also abducted 251 hostages and took them into Gaza.
In response, Israel launched a large-scale military offensive in the Gaza Strip, which has reportedly killed more than 72,000 Palestinians, most of them civilians, and left widespread destruction across the territory.
Israeli authorities are currently holding an estimated 200–300 fighters—though the exact figure remains classified—who were captured inside Israel during the October 7 attack and have not yet been formally charged.
Under the new legislation, a dedicated military court will be formed and based in Jerusalem, consisting of a three-judge panel. It may also try individuals later captured in Gaza who are suspected of participating in the attack or of abusing or detaining Israeli hostages.
The law passed with overwhelming support, as 93 of the 120 members of the Knesset voted in favor, reflecting rare cross-party consensus in Israeli politics.
No trial dates have been announced yet. Lawmakers from both the governing coalition and the opposition jointly introduced the bill, which aims to prosecute the accused under Israeli criminal law for crimes including crimes against the Jewish people, crimes against humanity, and war crimes.
According to the legislation, court proceedings will generally be public and some hearings will be broadcast live. Defendants will attend only key hearings in person, while participating remotely in others, and survivors of the attacks will be permitted to attend proceedings in person.
Ya’ara Mordecai, an international law expert at Yale Law School, said the move raises concerns regarding due process given the military court framework, and warned of risks that such proceedings could become politicised or resemble symbolic “show trials”.
Knesset member Yulia Malinovsky, one of the bill’s co-authors, defended the law, saying it ensures a fair judicial process under Israeli legal standards.
“They will be sentenced by Israel’s judges, not by the street or by what we all feel,” she said ahead of 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.”
The legislation also opens the possibility of capital punishment. If a death sentence is issued, it would automatically trigger an appeal process under Israeli law.
Israel last carried out an execution in 1962, when Adolf Eichmann—one of the architects of the Nazi Holocaust—was hanged after being captured in Argentina by Israeli agents. Although military courts in the occupied West Bank are legally allowed to impose the death penalty on Palestinians, no such sentence has ever been carried out.
A separate law passed in March introduced the death penalty by hanging for Palestinians convicted in military courts of deadly attacks. However, it has faced strong domestic and international criticism and is expected to be struck down by Israel’s Supreme Court.
Hamas spokesperson in Gaza, Hazem Qassem, condemned the new legislation, saying it “serves as a cover for the war crimes committed by Israel in Gaza”.
Meanwhile, the International Criminal Court is investigating Israel’s conduct in the Gaza war and has issued arrest warrants for Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant, along with three Hamas leaders who have since been killed.
Israel is also facing a genocide case at the International Court of Justice. It rejects all such allegations, calling them politically motivated, and maintains that its military campaign is directed against Hamas rather than the Palestinian population.