Israel's parliament, the Knesset, has passed legislation establishing a special military tribunal with the authority to impose the death penalty on Palestinians accused of involvement in the Hamas-led attacks of October 7, 2023. The bill passed by 93 votes to 0 in the 120-seat parliament late on Monday, with the remaining 27 lawmakers absent or abstaining. In an unusual display of political unity, the bill was jointly sponsored by both government and opposition politicians.

The new tribunal, which will be based in Jerusalem, creates a distinct legal framework separate from Israel's regular court system. Key moments of proceedings — including opening hearings, verdicts and sentencing — will be filmed and broadcast on a dedicated public website. Proponents have drawn comparisons to the 1962 trial of Nazi war criminal Adolf Eichmann, who was hanged after a televised trial and remains the only person ever executed by an Israeli civil court. Israel has otherwise been a de facto abolitionist state for decades, though capital punishment technically remains on the books for genocide, wartime espionage and certain terror offences. The new law was necessary because a separate death penalty law passed in March — which covers Palestinians convicted of murdering Israelis — applies only to future cases and is not retroactive, meaning it cannot be used against October 7 suspects. Those facing trial are expected to include members of Hamas's Nukhba special forces unit captured inside Israel, and charges are expected to range from terrorism and murder to sexual violence and genocide.

Human rights groups have raised sharp objections. Israeli and Palestinian organisations including Adalah, Hamoked and the Public Committee Against Torture in Israel warned that the bill lowers evidentiary standards, permits evidence potentially obtained under torture, and allows hearings to proceed without defendants physically present. Critics argue that mandatory public broadcasting of proceedings before guilt is established risks transforming the trials into what one lawyer described as "show trials." Sari Bashi of the Public Committee Against Torture in Israel said coalition members had openly anticipated mass executions as an outcome, and expressed concern that convictions could rest on confessions extracted through coercive interrogation. The Israeli government denies widespread use of torture and says it complies with international law standards.

The October 7 attacks — the deadliest day in Israel's history — saw Hamas-led fighters kill approximately 1,200 people in southern Israel, mostly civilians, while around 251 others were taken hostage into Gaza. Israel currently holds an estimated 1,300 Palestinians from Gaza without formal charge, with a further 300 to 400 held as criminal defendants suspected of direct involvement in the attacks. Israel's subsequent military offensive in Gaza has killed over 72,600 Palestinians, according to the Gaza Health Ministry, whose figures are considered broadly reliable by UN agencies.

Bereaved Israeli families offered a more nuanced response. Some, like Carmit Palty Katzir — whose brother was killed in captivity and whose father was killed on October 7 — expressed hope that trials would finally provide answers about the fate of loved ones, while also insisting that the new court addresses only one dimension of justice. Many families continue to call for an independent commission of inquiry into how the attacks were allowed to happen, a demand the current government has so far resisted. Hamas dismissed the legislation as "a cover for the war crimes committed by Israel in Gaza."