Israel passes law to set up military tribunal for October 7 suspects

Israel’s parliament has passed a law establishing a special military tribunal to try Palestinians accused of involvement in the October 7, 2023 attack on Israel.

The legislation was approved late Monday by a large majority in the Knesset, with 93 out of 120 lawmakers voting in favour. The move received backing from both governing coalition members and parts of the opposition in what lawmakers described as a rare moment of political consensus.

The October 7 attack, led by Hamas’ elite “Nukhba” unit, killed around 1,200 people in Israel and saw 251 hostages taken to Gaza. Israel responded with a large-scale military offensive in Gaza, which has since killed more than 72,000 Palestinians, according to figures cited in the report, and caused widespread destruction across the enclave.

Under the new law, a three-judge military panel based in Jerusalem will oversee proceedings. The tribunal may try individuals captured during the October 7 assault, as well as those later detained in Gaza who are suspected of involvement in attacks, hostage-taking, or abuse.

Israeli authorities are currently holding an estimated 200–300 captured fighters, though the exact number remains classified. None of the detainees have yet been formally charged.

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The law allows for trials under Israeli criminal statutes, including charges such as crimes against humanity, war crimes, and crimes against the Jewish people. Proceedings will be public, with major hearings broadcast, while defendants will attend key sessions in person and others via video link. Victims will be permitted in-person participation.

Legal experts have raised concerns over due process, noting the military court setting and warning that such trials could risk becoming politicised or symbolic “show trials”. Israeli lawmakers behind the bill, however, argue it ensures a lawful judicial process.

The legislation also leaves open the possibility of capital punishment for certain offences, with any death sentence subject to automatic appeal. Israel has not carried out an execution since 1962.

Hamas has condemned the move, calling it an attempt to legitimise Israeli actions in Gaza. Meanwhile, Israel faces ongoing international scrutiny, including investigations by the International Criminal Court and proceedings at the International Court of Justice, both related to the Gaza conflict.

Israel rejects allegations of war crimes and genocide, stating its military operations are directed at Hamas rather than Palestinian civilians.