JERUSALEM
Israel’s parliament passed a law late establishing a military tribunal to try hundreds of Palestinian militants who took part in the October 7, 2023 attack on Israel, a step lawmakers said would help heal national trauma.
The surprise attack, led by elite Nukhba force fighters from the Palestinian militant group Hamas, was Israel’s deadliest single day and the worst attack on Jews since the Holocaust. At least 1,200 people were killed, most of them civilians.
Israel responded by launching an assault on the enclave that killed more than 72,000 Palestinians, mostly civilians, and left much of Gaza in ruins.
Israel has been holding an estimated 200-300 fighters – the precise number is classified – captured in Israel during the attack, who have not yet been charged.
The special military court established by the law, to be presided over by a three-judge panel in Jerusalem, could also try others captured later in Gaza and suspected of participating in the attack, or of having held or abused Israeli hostages.
The new law was backed by a wide majority 93 of the Knesset’s 120 lawmakers, in a rare show of Israeli political unity.
The militants burst through the Gaza border and rampaged through southern Israeli villages, army bases, roads and a music festival. Besides the killings, the fighters also took 251 hostages back to Gaza.
Lawmakers from both the governing coalition and the opposition authored the bill, meant to ensure all assailants are brought to justice under existing Israeli criminal statutes for what it describes as crimes against the Jewish people, crimes against humanity and war crimes.
Proceedings will be public, with major hearings broadcast live. While defendants will attend only key hearings in person and all others by video, surviving victims will be allowed in-person access, according to the new law.
Ya’ara Mordecai, an international law expert at Yale Law School, said the new law raised some concerns about due process, given the military court setting, as well as a risk of atrocity proceedings turning into politicized or symbolic show trials.
Knesset member Yulia Malinovsky, one of the bill’s authors, said that the legislation ensures a fair and lawful trial.