The Israeli parliament (known as the Knesset) passed a law on Monday, May 11, to establish livestreamed special military tribunals and impose death penalty for Hamas detainees, who were allegedly involved in the October 7 attacks. The law would also prohibit their release as part of prisoner swap deals.
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The bill was approved after 93 out of the 120 Knesset members voted in favor, while none voted against.
Hundreds of Palestinian prisoners, believed to be affiliated with the special forces of Al-Qassam Brigades (known as Al-Nukba) will be affected by the legislation.
The Knesset had previously approved another controversial bill mandating death by hanging for Palestinian prisoners convicted of killing Israeli individuals last March. However, the bill that was endorsed on Monday is a separate legislation, which is designed specifically for those believed to have participated in operation Al-Aqsa Flood.
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Like the former death penalty law, the recent October 7-specific law has been criticized for many legal considerations that make its implementation unlawful.
Muna Haddad, a lawyer with the Legal Center for Arab Minority Rights in Israel (Adalah) explained to Al Jazeera that the law lacks the standards of a fair trial, and does not meet international law requirements.”
Hadad clarified that the law allows mass trials, and “broad judicial discretion to admit evidence obtained under coercive conditions that may amount to torture or ill-treatment”.
The law also permits filming and public broadcasting of key moments in the trials including opening hearings, verdicts and sentencing via a dedicated website. According to Hadda, this violates “the presumption of innocence, the right to a fair trial, and the right to dignity.”
Adalah’s lawyer also slammed the law for treating “indictment as a finding of guilt, before any judicial examination has begun.”
The legislation of the law will have “grave consequences”, says Hamas
For its part, Hamas issued a statement on Tuesday, May 12, denouncing the law as “fascist and racist”. The Palestinian resistance movement also emphasized that the legislation constitutes “a dangerous escalation and a new crime to be added to the enemy’s track record of war crimes and systematic violations against Palestinians.”
Hamas further warned of the “grave consequences” of this “discriminatory law”, and affirmed that the “terrorist policy and fascist legislations will not succeed in breaking the will” of the Palestinian people and their continuous struggle until they regain their national rights.
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