Israel Approves Special Military Tribunal to Try October 7 Hamas Fighters

JERUSALEM: Israel’s parliament has approved a new law establishing a special military tribunal to prosecute Palestinian fighters accused of involvement in the October 7, 2023 attack on Israel.

The legislation was passed late Monday by the Knesset with overwhelming support, receiving backing from 93 of the parliament’s 120 lawmakers in a rare moment of political unity between the governing coalition and opposition parties.

The law creates a special military court in Jerusalem that will be overseen by a three-judge panel and tasked with trying hundreds of Palestinian fighters allegedly linked to the attack led by Hamas’ elite “Nukhba” force.

According to Israeli authorities, the October 7 assault killed at least 1,200 people and resulted in 251 hostages being taken into Gaza Strip.

Israel responded with a large-scale military offensive in Gaza that, according to reports cited in the article, has killed more than 72,000 Palestinians and caused widespread destruction across the enclave.

Israeli officials estimate that between 200 and 300 Palestinian fighters captured during the October 7 attack are currently being held in custody, though the exact number remains classified. Many have not yet been formally charged.

Under the newly approved law, the tribunal will also have authority to prosecute individuals later captured in Gaza who are suspected of participating in the attack or allegedly involved in holding or abusing Israeli hostages.

Israeli lawmakers said the legislation aims to ensure suspects are prosecuted under Israeli criminal law for alleged crimes against humanity, war crimes, and crimes against the Jewish people.

Court proceedings are expected to be public, with major hearings broadcast live. Defendants will reportedly attend key hearings in person while participating in other proceedings through video links. Victims and survivors of the attack will also be allowed in-person access to the hearings.

However, the law has raised concerns among legal experts and human rights observers.

Ya’ara Mordecai, an international law expert at Yale Law School, warned that military court proceedings could raise questions about due process and risk turning the trials into politicized or symbolic “show trials.”

Meanwhile, Yulia Malinovsky, one of the authors of the legislation, defended the bill and argued that the accused would receive fair legal proceedings under Israeli judicial oversight.

“They will be sentenced by Israel’s judges, not by the street or by emotions,” she said before the parliamentary vote.

The new law also allows for the possibility of capital punishment under certain charges. Israeli law permits the death penalty in exceptional circumstances, though executions are extremely rare.

The last execution carried out by Israel was in 1962 when Nazi official Adolf Eichmann was hanged after being convicted for his role in the Holocaust.

A separate Israeli law passed earlier this year, which made hanging the default punishment for Palestinians convicted of deadly attacks in military courts, drew international criticism and is expected to face legal challenges before Israel’s Supreme Court.

Reacting to the legislation, Hamas spokesperson Hazem Qassem said the law was intended to “cover up war crimes committed by Israel in Gaza.”

The development comes as the International Criminal Court (ICC) continues investigating the conduct of the Gaza conflict and has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defence Minister Yoav Gallant, and three Hamas leaders who were later killed.

Israel is also facing a genocide case before the International Court of Justice (ICJ), allegations that Israeli authorities strongly deny, insisting their military operations target Hamas rather than the Palestinian population.