The Jerusalem Tribunal: Knesset Approves Special Military Court for Oct 7 Suspects with Capital Punishment on the Table

In a rare display of political unity, the Israeli Knesset passed a landmark law on Monday evening, May 11, 2026, establishing a specialized military tribunal to prosecute hundreds of Palestinian militants involved in the October 7, 2023, attacks. The legislation, supported by 93 out of 120 lawmakers, seeks to try captives under charges of "crimes against the Jewish people," crimes against humanity, and war crimes, reflecting the legal weight of what Israel considers its deadliest day since statehood.

Trial Structure and Judicial Framework The special court, to be presided over by a three-judge panel in Jerusalem, will handle the cases of an estimated 200 to 300 militants captured during the initial assault, as well as those apprehended later in the Gaza Strip. In an effort to ensure transparency, key hearings will be broadcast live. While survivors are permitted to attend in person, the accused will appear physically only for primary hearings, participating via video link for the remainder of the proceedings.

The Death Penalty: A Historic Shift The most significant aspect of the new law is the inclusion of the death penalty. If a capital sentence is handed down, it will trigger an automatic appeal on behalf of the defendant. This marks a profound shift in Israeli judicial practice; the last person executed in the country was Nazi architect Adolf Eichmann in 1962. While military courts in the West Bank technically possess the authority to issue death sentences, they have never exercised it, making this new tribunal a focus of intense domestic and international scrutiny.

Legal Controversy and Hamas’s Response While co-author of the bill, MK Yulia Malinovsky, insists the law guarantees a legal and fair trial, international law experts like Yale University’s Yaara Mordechai have raised concerns regarding due process and the risk of "show trials." Hamas spokesperson Hazem Qassem condemned the move, labeling it a "cover for war crimes" in Gaza. This legislative development unfolds as Israel faces ongoing investigations by the International Criminal Court (ICC) and genocide allegations at the International Court of Justice (ICJ).