Israel passes law to publicly try and execute Palestinians linked to 7 October attacks

The Israeli parliament approved a bill on Monday to establish public trials and impose the death penalty on Palestinian detainees accused of taking part in the 7 October attacks.

The legislation passed in the Knesset with 93 votes in favour and no opposition, drawing support from across the political spectrum.

Israeli Justice Minister Yariv Levin described the vote as “one of the most important moments in the life of the current Knesset”.

The special judicial body would effectively operate as a military court, overseeing the cases of around 200 to 300 detainees accused of involvement in the 7 October 2023 attacks.

The bill also stipulates that anyone accused or convicted of involvement in the attacks would be barred from release in prisoner exchange deals, instead facing either life imprisonment or the death penalty.

Under the legislation, the Israeli army’s chief of staff would appoint military prosecutors. The court panel would consist of three judges, at least one of whom must previously have headed a military court.

The bill would also override standard criminal procedures and rules of evidence, allowing courts to bypass processes such as the collection of evidence, witness testimony and plea arrangements when issuing rulings.

A further amendment establishes separate procedures for carrying out death sentences against Palestinians convicted under the new legislation, distinguishing it from broader death penalty legislation for prisoners passed earlier this year.

In late March, the Knesset approved a separate death penalty bill for Palestinian prisoners in its final readings by 62 votes to 48, despite international calls for the measure to be abandoned.

Human rights groups and legal experts have strongly criticised the legislation, pointing to widespread arrests on broad terrorism charges and a rise in reports of torture and deaths in custody since the war on Gaza began.

Palestinian prisoners’ rights groups described the bill as an “unprecedented act of savagery”, accusing Israel of attempting to formalise the killing of detainees amid escalating abuse in custody.

Several Israeli rights groups - including Adalah, the Public Committee Against Torture in Israel (PCATI), HaMoked and Physicians for Human Rights-Israel (PHRI) - have also condemned the bill. 

They added that the legislation would establish a "discriminatory punitive framework", denying Palestinians equal protection under the law, fair trial rights and safeguards against torture and inhuman treatment.