“May everyone see how the State of Israel is a sovereign state which knows how to hold those who harmed it to account,” the opposition politician said.
“We have reached the finish line, which is actually the starting line: the beginning of historic trials, which the whole world will see.”
Israeli human rights groups have spoken out against the new law, opposing the principle of capital punishment but also warning against “show trials” based on confessions allegedly extracted under torture.
7 October 2023 was the deadliest day in the history of Israel. Hamas-led fighters killed over 1,200 people in southern Israel, mostly civilians. Another 251 were kidnapped and held in captivity in the Gaza Strip, including men, women, children, and foreign nationals.
The events triggered the deadliest ever war in Gaza, with 72,740 people killed to date – the majority children, women and the elderly, according to the Hamas-run Health Ministry.
Although Israel’s parliament passed the Death Penalty for Terrorists Law in March, aimed at Palestinians convicted of terrorism offences, it does not apply retroactively. This meant that separate legislation was required to deal with those alleged to have carried out the assault.
Israeli politicians supporting the law say it will allow for a trial of historic significance, comparing it to that of the Nazi war criminal Adolf Eichmann. Eichmann – an architect of the Jewish Holocaust – was hanged in 1962, becoming the only person previously sentenced to death by an Israeli civil court.
The new law creates a special legal framework for prosecuting those accused of direct involvement in the attacks, including members of the Nukhba special forces unit of the al-Qassam Brigades, the military wing of Hamas, who were captured in Israel.
They are expected to face charges ranging from terrorism and murder to sexual violence and also genocide – which will carry the death penalty. They will be tried before a special military court in Jerusalem with different rules from regular criminal trials.
Key moments of hearings including the opening, verdict, and sentencing are due to be filmed and broadcast on a dedicated website.
Victims of the 7 October assault and bereaved families joined parliamentary committee discussions about the new legislation.
Carmit Palty Katzir said she took part to safeguard the rights of those who were worst affected. Her brother, Elad Katzir was taken hostage from their childhood home in Kibbutz Nir Oz and killed in captivity. Her father, Rami was killed and her late mother, Hana, was taken hostage and later released.
“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.”
Palty Katzir said she hoped for answers from the trial of suspects but demanded that sensitive details should be revealed to victims before they were made public.