Israel advances law for special military trials of detained Palestinians, raising fears of 'show trials' and death penalty

A controversial Israeli bill that would allow Palestinians detained in connection with the Oct. 7, 2023 attack to be tried before special military courts with the possibility of the death penalty is being fast-tracked through parliament. Legal experts and human rights groups warn the law could turn trials into 'show trials' aimed at mass convictions, flagrantly violating fair trial principles.

The bill, sponsored by far-right lawmaker Simcha Rothman and Yisrael Beytenu's Yulia Malinovsky and strongly backed by Justice Minister Yariv Levin, has drawn rare support from both the governing coalition and the opposition. It proposes establishing a dedicated military court in Jerusalem to try large numbers of Palestinians captured by Israeli forces on or around Oct. 7.

According to official Israeli figures, at least 1,139 people, mostly civilians, died in the Hamas-led attack, and about 240 were taken hostage. Israel's subsequent war in Gaza has killed at least 72,500 Palestinians and devastated the territory.

A key feature of the bill allows the special military court to deviate from standard rules on evidence, procedure, and detention. Judges are given full authority to impose the death penalty on Palestinians prosecuted in connection with the attack. Attorney Muna Haddad of the Adalah Center for Arab Rights in Israel said the bill deliberately lowers legal safeguards to ensure mass convictions. 'The bill allows mass trials that violate standard evidentiary rules, including judges' broad discretion to admit evidence obtained under coercive conditions that may amount to torture or ill-treatment,' Haddad told Al Jazeera.

Deviating from Israel's typical judicial practice of banning cameras in courtrooms, the bill mandates recording and public broadcasting of key moments—including opening statements and sentencing—on a dedicated website. Sponsor Malinovsky insisted 'the world will see' the proceedings. Haddad warned this 'turns trials into a spectacle, violating defendants' rights and the presumption of innocence.'

The bill seeks to apply existing Israeli criminal codes, such as anti-treason legislation and the 1950 law punishing genocide, within a new legal framework with far lower procedural standards. Some Israeli lawmakers compared the upcoming trials to the 1961 Adolf Eichmann trial. However, Haddad highlighted clear historical and legal distinctions, noting Eichmann was tried under Nazi war crimes legislation, not the genocide law. She warned applying the genocide law in an 'expansive and exceptional' manner was inappropriate.

Israel has carried out only two executions in its history. But the domestic political climate has shifted. The Shin Bet internal security agency has publicly supported the death penalty for the Oct. 7 attackers. 'Lawmakers have made clear and reiterated the expectation that the death penalty will be applied,' Haddad said. 'Together with the March 2026 death penalty law, we are seeing a deliberate move to end Israel's long-standing moratorium on executions.'

Under international law, imposing the death penalty through a flawed judicial process is unlawful. 'Any death sentence issued without strict fair trial guarantees constitutes arbitrary deprivation of life and is prohibited by international law,' Haddad said, citing the International Covenant on Civil and Political Rights (ICCPR).

Amnesty International and Human Rights Watch have previously described Israeli legislative moves on the death penalty for Palestinians as 'discriminatory tools' reinforcing an 'apartheid system.' Data from Israeli rights groups indicates that the conviction rate for Palestinians in Israeli military courts exceeds 99.74%, while only about 3% of Israeli civilians are convicted for crimes against Palestinians.