Israel has approved the establishment of a special military court to try Palestinians accused of taking part in the October 7, 2023 Hamas-led attack. The court can impose the death penalty, and trials are expected to be broadcast live.
Analysts, human rights organizations and the United Nations have voiced doubts about the prospect of genuine justice, seeing the move instead as a way for Israel to retaliate against detained Palestinians.
The October 7 attack killed 1,139 Israelis and saw 250 taken captive. Its impact has been amplified in Israel through the relentless replaying of videos of the incident. Al Jazeera's investigations unit reported that some narratives about the brutality on October 7—including false claims—have been used to justify the war in Gaza, which has killed more than 72,600 Palestinians.
Justice Minister Yariv Levin, a key sponsor of the bill, called it "one of the most important moments of the current Knesset." He said: "One can feel we are doing the right thing, seeking unity at this time, despite inherent disagreements."
Rights groups say many of those detained are civilians, including prominent figures such as hospital director Dr. Hussam Abu Safiya. Dozens of Palestinians have died in Israeli prisons, and many have suffered physical abuse, including rape.
Victors' justice?
UN High Commissioner for Human Rights Volker Turk called for the law to be repealed, arguing that any process failing to meet international standards cannot deliver justice. The International Bar Association (IBA) expressed concern over the risk of unfair trials, especially given reports of coercion that could lead to torture, false confessions and wrongful convictions.
Amnesty International, Human Rights Watch and the Israeli rights group B'tselem also condemned the legal framework. Yossi Mekelberg, an associate fellow at Chatham House, said: "Israelis need justice, but I don't know if this is the right way. I fear it is revenge."
'Palestinians? Guilty'
Israeli politicians have repeatedly blamed all Palestinians for the October 7 attack. Days after the event, President Isaac Herzog declared: "An entire nation out there is responsible. The civilians are not uninvolved." Over time, far-right ministers such as Itamar Ben-Gvir and Bezalel Smotrich have commonly equated Palestinians with 'terrorists'.
Hassan Jabareen, founder of the Adalah rights group, said: "We know Israeli officials blame the entire Gaza Strip. Their president—supposedly a moderate—said it too. Gaza is the collective enemy of Israel." He noted that the new military court can impose the death penalty based on secret evidence, and defendants may not be present throughout the trial.
Avoiding accountability
The majority of Jewish Israelis support the special court and any punishment for Palestinians from Gaza. But that does not shield the Israeli government from scrutiny over its failure to prevent the October 7 attack. Rom Bralavski, a former hostage in Gaza, called on all lawmakers to resign over the incident. "The blood of everyone killed on October 7 is on your hands," he said, demanding the establishment of a state inquiry commission.
Will televised trials and death sentences suffice to distract from such demands? Political analyst Ori Goldberg argued that Prime Minister Benjamin Netanyahu is no longer genuinely interested in winning over critics. "Netanyahu is past the stage of genuine concern. This is how he operates, and it seems we are letting him. Always another gamble, another performance, another grace day to prevail."
