Israel's parliament has approved a law establishing a special military tribunal for Palestinians suspected of involvement in the Hamas-led attack on 7 October 2023, authorising the tribunal to impose the death penalty — a sentence that has not been carried out in Israel since 1962. The legislation has drawn immediate and widespread condemnation from human rights organisations and legal advocacy groups.

What the New Law Establishes

The newly approved law creates a dedicated military court framework to try Palestinian suspects linked to the October 7 attack. Critically, the tribunal is empowered to hand down the death penalty, reviving a punishment that has effectively been dormant in Israel for over six decades. The law also mandates that executions be carried out within 90 days of sentencing, with only limited grounds for delay and no provision for clemency.

Courts retain the option to impose life imprisonment, but only under undefined "special circumstances" — a vague threshold that critics argue gives judges insufficient guidance and defendants insufficient protection.

The March 30 Legislation That Preceded It

The new tribunal law follows legislation passed on 30 March that made the death penalty a default punishment for Palestinians convicted of deadly attacks. That earlier law drew sharp international criticism, with opponents describing it as discriminatory and unconstitutional. Critics argue it creates a differential legal framework based on identity, raising serious human rights concerns.

Notably, under the combined legislative framework, the death penalty applies to Israeli citizens convicted of murder only if the act was committed with the intent of "ending Israel's existence" — a clause that critics say effectively ensures the punishment will disproportionately target Palestinians while excluding Jewish Israelis accused of similar offences.

Rights Groups Sound the Alarm

Adalah, a legal advocacy group for Arab minority rights in Israel, said in a statement that "the bill denies suspects the basic procedural protections essential to a fair trial." The group added that any resulting death sentence would constitute "an arbitrary deprivation of life, absolutely prohibited under international law and potentially a war crime."

The criticism reflects a broader concern among international legal observers that the tribunal framework bypasses established norms of due process, particularly for defendants who may have limited access to legal representation within a military court structure.

The October 7 Attack and Its Aftermath

The 7 October 2023 Hamas-led attack killed approximately 1,200 people in Israel and resulted in more than 250 hostages being taken, according to Israeli figures. It triggered a massive Israeli military operation across Gaza that, according to Gaza-based health authorities, has killed at least 72,737 people and left the Palestinian enclave in widespread ruin.

The passage of these laws signals a significant hardening of Israel's legal posture toward those accused in connection with the attack, with implications that legal experts say will be closely scrutinised by international courts and human rights bodies in the months ahead.