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Israel passes law to allow death penalty and public trials for those linked to 7 October
Israel's Knesset approved a new framework enabling the death penalty and public trials for suspects tied to the 7 October 2023 Hamas attacks and hostage-taking, establishing a special military court in Jerusalem. The vote, 93-0 with many abstentions, drew mixed reactions from victims' families, rights groups, and politicians, and plans for televised hearings were announced. The measure follows earlier non-retroactive death penalty legislation and signals a broader justice response to the October 7 attacks.
Why It Matters
The law represents a major shift in how Israel intends to prosecute and try suspects tied to the October 7 attacks, with potential implications for due process, transparency, and human rights scrutiny both domestically and internationally.
Timeline
9 Events
Public opinion and calls for inquiry
May 12, 2026
Polls show growing support for the death penalty among Jewish Israelis, and there is broad support for an independent inquiry into the October 7 attacks, though the coalition has pledged only a government-led inquiry.
Prison Service and detainee context clarified
May 12, 2026
Israel's Prison Service holds about 1,283 people as unlawful combatants, mainly from Gaza, with a small number of Gazans held as criminal defendants; estimates suggest 300 to 400 Gazans are held as such defendants.
Victims' families participate in discussions
May 12, 2026
Victims and bereaved families joined parliamentary committee discussions about the legislation. Carmit Palty Katz said she participated to safeguard the rights of those most affected and urged that sensitive details be shared with relatives before public release.
Officials defend procedures; rights groups warn of risks
May 12, 2026
Justice Minister Yariv Levin described the work as enormous and unprecedented. Human rights groups warned that hearings may occur without defendants present and cautioned that confessions obtained under torture could influence outcomes, calling for due process and safeguards.
Hearings to be filmed and broadcast
May 12, 2026
Key moments of hearings including the opening, verdict, and sentencing are to be filmed and broadcast on a dedicated website.
Knesset approves death penalty and public trials law
May 12, 2026
The Knesset approved the law by 93 votes to 0, with 27 lawmakers absent or abstaining. It was unusually co-sponsored by government and opposition members and creates a special framework to prosecute those directly involved in the October 7 attacks, including members of the Nukhba unit of Hamas. Charges include terrorism, murder, sexual violence and genocide, carrying the death penalty. Suspects would be tried before a special military court in Jerusalem under procedures different from regular criminal trials.
Protests outside ICRC Gaza City
May 11, 2026
A few dozen people protested against the new death penalty law outside the International Committee of the Red Cross headquarters in Gaza City.
Death Penalty for Terrorists Law passed (non-retroactive)
March 2026
Israel's parliament passed the Death Penalty for Terrorists Law in March, targeted at Palestinians convicted of terrorism offenses, but it does not apply retroactively.
October 7, 2023 attacks and hostage-taking
October 7, 2023
On October 7, 2023, Hamas-led fighters killed more than 1,200 people in southern Israel, most of them civilians, and kidnapped 251 people who were held in Gaza. This day is described as the deadliest in Israel's history.