Israel Passes Law Allowing Death Penalty for Oct. 7 Attack Suspects

Israel's parliament passed a law Monday authorizing the death penalty and public trials for individuals linked to the Hamas-led attacks on October 7, 2023.

The Knesset approved the measure by a vote of 93-0. Government and opposition politicians jointly sponsored the bill, with the remaining 27 lawmakers absent or abstaining.

"May everyone see how the victims and their families look into the whites of the eyes of those murderers, rapists and kidnappers," said Yulia Malinovsky, a co-sponsor, at a news conference before the vote. The opposition politician added, "May everyone see how the State of Israel is a sovereign state which knows how to hold those who harmed it to account. We have reached the finish line, which is actually the starting line: the beginning of historic trials, which the whole world will see."

Human rights groups condemned the law, rejecting capital punishment and warning of show trials relying on confessions obtained under torture.

The October 7 assault marked Israel's deadliest day, with Hamas fighters killing more than 1,200 people in southern Israel, mostly civilians. They took 251 hostages to Gaza, including men, women, children and foreign nationals. The attacks sparked the deadliest war in Gaza's history, killing 72,740 people to date, mostly children, women and the elderly, according to the Hamas-run Health Ministry.

A prior Death Penalty for Terrorists Law passed in March does not apply retroactively to October 7 suspects, necessitating this new legislation. Supporters liken the coming trials to that of Nazi war criminal Adolf Eichmann, hanged in 1962 as the only person executed by an Israeli civil court.

The law establishes a special framework to prosecute those directly involved, including captured members of Hamas's Nukhba special forces from the al-Qassam Brigades. They face charges including terrorism, murder, sexual violence and genocide, all carrying the death penalty. Trials will occur in a special military court in Jerusalem with modified rules.

Key hearing moments, such as opening statements, verdicts and sentencing, will be filmed and broadcast on a dedicated website.

Victims and bereaved families participated in parliamentary committee discussions. Carmit Palty Katzir, whose brother Elad was kidnapped from Kibbutz Nir Oz, killed in captivity, father Rami was killed and mother Hana was released after abduction, attended to protect victims' rights.

"It's important to understand that in so many ways this event hasn't ended," Palty Katzir told Israeli army radio. "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 hopes trials provide answers but wants sensitive details shared with victims first.

Israel's Prison Service holds 1,283 people as unlawful combatants without charges, mostly from Gaza. The military detains a small number of Gazans, and 300 to 400 face criminal charges tied to October 7.

Law supporters say the military court will adapt evidence and procedure rules for the massive case without undermining fairness. Human rights groups disagree, noting existing rules protect defendants and predicting some hearings without physical presence.

"Government coalition members have made it clear that they expect mass executions to result from this court that they've established," said Sari Bashi, executive director of the Public Committee Against Torture in Israel. "We know that Palestinians being held on suspicion of participating in the crimes of October 7 have been tortured, systematically and in a widespread way. My concern is that they are going to be convicted and even executed based on confessions extracted under torture. 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 government denies widespread torture, claiming compliance with international law standards.

Justice Minister Yariv Levin said at the news conference that his office conducted enormous work, including reviewing thousands of hours of video, vast evidence and interrogations of captured attackers. Video and audio records will go to the State Archives.

Many Gazans seek news of relatives who crossed into Israel on October 7 or were detained later. About a dozen protested the law Monday outside the International Committee of the Red Cross headquarters in Gaza City.

"Look, this law is cruel, it's a law that tries to take away the hope that you're living on," said Hisham al-Wahad, brother of missing journalist Haitham al-Wahad. "We as families of prisoners and families of the missing are calling on states and public opinion - international, Arab and Islamic - to take action to stop such a law and such a matter." Haitham, a cameraman, was last seen near Israel's Erez crossing at Beit Hanoun after Hamas overrun it.

Some Israeli families say the law addresses only part of justice. Carmit Palty Katzir stated, "It cannot be that we're focused on the Nukhba terrorists and not how this horrible tragedy happened and who will take responsibility, who will take the legal stand on this or take into consideration relatives' healing."