Israeli lawmakers set up tribunal, allow for death penalty for October 2023 attackers

This is a locator map of Israel and the Palestinian Territories. AP/AP

AP/AP

JERUSALEM — Israeli lawmakers approved a bill on Monday setting up a special tribunal that would try and have the authority to sentence to death Palestinians convicted of taking part in the 2023 Hamas-led attack that triggered the war in Gaza.

The measure passed 93-0 in the 120-seat Knesset, or parliament, reflecting widespread support for punishing those found responsible for what was the deadliest attack in Israel's history. The remaining 27 lawmakers were absent or abstained from voting.

Rights groups have criticized the measure, saying it makes the death penalty too easy to impose while also doing away with procedures safeguarding the right to a fair trial. Defendants can appeal their sentences but the appeals have to be heard by a separate, special appeals court rather than regular appeals courts.

Because the bill empowers a panel of judges to hand down the death penalty by a majority vote — and requires the trials to be conducted in a livestreamed Jerusalem courtroom — it has drawn comparisons to the 1962 trial of Nazi war criminal Adolf Eichmann, which was broadcast live on television.

Eichmann was executed by hanging, the last time the death penalty was carried out in Israel, though technically capital punishment remains on the books for acts of genocide, espionage during wartime and certain terror offenses.

Opponents of the bill also say that livestreaming the proceedings before guilt is established risks turning the trials into a spectacle. They have raised questions about the reliability of the evidence that may be presented, saying it could have been extracted by harsh interrogation methods.

The war began when Hamas-led militants stormed into Israel on Oct. 7, 2023, killing some 1,200 people and taking 251 as hostages. Israel's ensuing blistering offensive on Gaza has killed over 72,628 Palestinians, including at least 846 killed since a ceasefire took hold last October.

That's according to the Gaza Health Ministry, which doesn't differentiate between civilians and combatants but says around half the deaths were women and children. The figures by the ministry, which is part of the Hamas-led government, are seen as generally reliable by U.N. agencies and independent experts.