Arabic version: إسرائيل تقر قانونًا لعقوبة الإعدام والمحاكمات العامة للمعتقلين

Israeli legislators have approved a bill to establish a special tribunal with the power to impose the death penalty on Palestinians accused of involvement in the Hamas-led attacks of October 7, 2023. The bill passed 93-0 in Israel’s 120-seat parliament, the Knesset, late on Monday, raising significant concerns regarding fair trial rights.

According to Al Jazeera, rights groups have criticized the legislation, arguing it simplifies the imposition of the death penalty while undermining legal protections for defendants. Muna Haddad, a lawyer with Adalah – The Legal Center for Arab Minority Rights in Israel, emphasized that the bill intentionally lowers the legal protections to a fair trial to secure the mass conviction of Palestinians, allowing for mass trials and the use of evidence obtained under potentially coercive circumstances.

In a notable shift from typical judicial practices in Israel, which typically prohibits courtroom cameras, the bill mandates the filming and public broadcasting of key trial moments, including opening hearings, verdicts, and sentencing, on a dedicated website. Critics argue this provision transforms legal proceedings into show trials, violating the presumption of innocence and the dignity of the accused.

Currently, Israel holds an estimated 200-300 Palestinians captured during the October 7 attacks, many of whom have not yet been charged. The Hamas-led assault resulted in significant casualties, with reports indicating at least 1,139 deaths, mostly civilians. In response to the ongoing conflict, several Israeli rights groups have called for a justice system that adheres to principles of accountability and fairness.

The newly passed law builds on a previous measure from March that approved the death penalty for Palestinians convicted of murdering Israelis, which has faced international condemnation as discriminatory and inhumane. Hamas has denounced the new law as a cover for alleged war crimes committed by Israel in Gaza. The International Criminal Court is currently investigating Israel’s actions during the Gaza conflict, which has resulted in substantial loss of life and widespread destruction.