Israel has established a new legal framework to prosecute those accused of direct involvement in the October 7, 2023, attacks. The legislation creates a special military court in Jerusalem that will operate under different rules than regular criminal trials.
The accused, including captured members of the al-Qassam Brigades’ Nukhba special forces unit, may face charges of terrorism, murder, sexual violence, and genocide. These charges will carry the death penalty.
A Framework for Historic Accountability
The new law was necessary because the Death Penalty for Terrorists Law passed by parliament in March does not apply retroactively. Separate legislation was required to address those alleged to have carried out the October 7 assault.
Supporters of the measure compare the upcoming proceedings to the trial of Nazi war criminal Adolf Eichmann. An opposition politician stated, “May everyone see how the State of Israel is a sovereign state which knows how to hold those who harmed it to account.”
The politician further described the law as the “starting line” for “historic trials, which the whole world will see.” To ensure visibility, key moments of the hearings—including the opening, verdict, and sentencing—are expected to be filmed and broadcast on a dedicated website.
Controversies and Human Rights Concerns
Israeli human rights groups have voiced opposition to the law, citing their disagreement with the principle of capital punishment. They have also warned against the possibility of “show trials” based on confessions allegedly extracted through torture.
The legislation comes in the wake of the deadliest day in Israel’s history, when Hamas-led fighters killed over 1,200 people, mostly civilians, and kidnapped 251 others. These events triggered a war in Gaza that has killed 72,740 people to date, according to the Hamas-run Health Ministry, the majority of whom are children, women, and the elderly.
The Perspective of the Bereaved
Victims and bereaved families have participated in parliamentary committee discussions regarding the legislation. Carmit Palty Katzir, whose father Rami was killed and whose brother Elad was killed in captivity after being taken from their home in Kibbutz Nir Oz, joined these talks to safeguard the rights of those worst affected.
“It’s important to understand that in so many ways this event hasn’t ended,” Palty Katzir told Israeli army radio. She noted that many families still face “open-ended questions about the murders” and that much information remains unavailable.
While Palty Katzir expressed hope for answers through the trials, she demanded that sensitive details be revealed to victims before they are made public.
What May Happen Next
The special military court may begin processing captured combatants, leading to a series of televised hearings. These proceedings could provide new information to bereaved families, provided the requested protocols for sensitive data are followed.
Legal challenges from human rights organizations may arise if concerns regarding the rules of evidence and the use of coercive confessions persist.
Frequently Asked Questions
What specific charges are expected in these trials?
Defendants are expected to face charges including murder, terrorism, sexual violence, and genocide.
Why couldn’t the March Death Penalty for Terrorists Law be used?
That specific law does not apply retroactively, meaning it could not be used for the October 7 attacks.
Where will the trials take place and how can they be viewed?
The trials will be held before a special military court in Jerusalem, with key moments filmed and broadcast on a dedicated website.
How should a state balance the desire for historic accountability with the requirements of international legal protections?
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