Israel passes law paving way for death penalty trials for 7 October attackers

Israel’s parliament has approved a new law paving the way for public military trials and possible sentences for terrorists accused of involvement in the 7 October Hamas massacre.

The legislation passed the Knesset by 93 votes to none – twenty seven MKs either abstained or were not present – with support from both coalition and opposition lawmakers, in what supporters described as a historic move aimed at delivering justice for victims of the deadliest terror attack in Israeli history.

Under the new framework, captured Hamas terrorists accused of direct participation in the atrocities – including members of Hamas’ Nukhba force – could face charges including terrorism, murder, sexual violence and genocide before a special military court in Jerusalem.

The law will allow key parts of proceedings, including opening statements, verdicts and sentencing, to be filmed and broadcast publicly on a dedicated website.

Speaking ahead of the vote, opposition MK Yulia Malinovsky said: “May everyone see how the victims and their families look into the whites of the eyes of those murderers, rapists and kidnappers.

“May everyone see how the State of Israel is a sovereign state which knows how to hold those who harmed it to account.”

She added: “We have reached the finish line, which is actually the starting line: the beginning of historic trials, which the whole world will see.”

Israeli politicians backing the measure have compared the expected proceedings to the trial of Nazi war criminal Adolf Eichmann, who was executed in 1962 after being convicted for his role in the Holocaust. He remains the only person ever executed following sentencing by an Israeli civilian court.

The legislation follows the Hamas-led attacks on southern Israel on 7 October, 2023, in which more than 1,200 people were murdered and 251 kidnapped into Gaza.

Many of the bereaved families whose relatives were killed or abducted took part in parliamentary discussions surrounding the bill.

Among them was Carmit Palty Katzir, whose brother, Elad Katzir was murdered in captivity after being abducted from Kibbutz Nir Oz. Her father was killed during the attack, while her mother was also taken hostage before being released.

Speaking to Israeli Army Radio in comments reported by the BBC, she said: “It’s important to understand that in so many ways this event hasn’t ended.”

“So many of the families have been left with completely open-ended questions about the murders. A bulk of information simply doesn’t get to us.”

She said she hoped trials would provide long-awaited answers for families, while insisting sensitive information should first be shared privately with victims’ relatives before entering the public domain.

Israeli human rights organisations have strongly criticised the legislation, warning against capital punishment and raising concerns over the fairness of proceedings.

Sari Bashi, executive director of the Public Committee Against Torture in Israel, claimed Palestinians detained over the attacks had faced abuse during interrogation.

Speaking to the BBC, she said: “We know that Palestinians being held on suspicion of participating in the crimes of 7 October have been tortured, systematically and in a widespread way,” she said.

“My concern is that they are going to be convicted and even executed based on confessions extracted under torture.”

She added: “The people who are responsible for attacking civilians in southern Israel should be held accountable, but not like this. They deserve due process, and the death penalty should never be on the table.”

The Israeli government rejects allegations of widespread torture and says its detention and interrogation procedures comply with international law.

Justice Minister Yariv Levin said the government had carried out “work of an enormous and unprecedented scale” to prepare the legal framework for the cases.

He said investigators had “watched thousands of hours of videos, reviewed a huge body of evidence and at the same time interrogated the terrorists who carried out the massacre and were captured.”

The law comes amid growing support within Israel for harsher punishment for Hamas terrorists involved in the atrocities, particularly among Jewish Israelis affected by the attacks and hostage crisis.

However, many victims’ relatives continue to demand a wider independent inquiry into the failures surrounding 7 October, alongside any criminal prosecutions.