Knesset passes unanimous bill for public trials and death penalty for October 7 suspects
The 93-0 vote establishes a legal mechanism that departs from standard judicial practice, prompting concerns over fair trial guarantees and the presumption of innocence.
Israeli legislators have approved a bill establishing a special tribunal to try Palestinians accused of involvement in the Hamas-led attacks of October 7, 2023. The measure, which mandates the public broadcasting of trials and explicitly permits the imposition of the death penalty, was passed 93-0 in the Knesset late on Monday. The remaining 27 legislators were absent or abstained from the vote, resulting in a unanimous legislative outcome for the new framework.
In a significant departure from standard Israeli judicial practice, which typically prohibits courtroom cameras, the legislation requires the filming and public broadcasting of key trial moments. These include opening hearings, verdicts, and sentencing, all to be streamed on a dedicated website. This shift transforms the proceedings into a publicly visible process, a move that rights groups argue fundamentally alters the nature of the judicial examination.
Human rights organisations, including Adalah, Hamoked, and the Public Committee Against Torture in Israel, have warned that the bill effectively treats an indictment as a finding of guilt before any judicial scrutiny begins. Muna Haddad, a lawyer with Adalah, stated that the provisions governing public hearings violate the presumption of innocence and the right to dignity. She argued that the framework lowers legal protections to secure mass convictions, falling well short of international law requirements.
The legislation also grants broad judicial discretion to admit evidence obtained under coercive conditions that may amount to torture or ill-treatment. Haddad described this as a severe violation of fair trial guarantees, noting that the bill intentionally strips away procedures safeguarding the right to a fair trial. This approach allows for mass trials that deviate from standard rules of evidence, raising serious concerns about the integrity of the process.
Israel is currently holding an estimated 200 to 300 Palestinians, including those captured during the October 7 attacks, who have not yet been charged. The law targets these individuals accused of involvement in the assault that killed at least 1,139 people, mostly civilians, and resulted in approximately 240 captives being seized. The subsequent war in Gaza has claimed the lives of at least 72,628 Palestinians, including 846 since a US-brokered ceasefire came into effect last October.
This new measure is separate from a law passed in March that approved the death penalty for Palestinians convicted of murdering Israelis. That previous measure is not retroactive and does not apply to the October 2023 suspects. While several Israeli rights groups acknowledge that justice for the victims of October 7 is a legitimate imperative, they insist that accountability must be pursued through a process that includes rather than abandons the principles of justice.
