Death Penalty For Oct 7 Hamas Attackers? All About Israel’s Special Tribunal

The Israeli lawmakers have approved a new bill to set up a “special tribunal” to allow the death penalty for Hamas fighters who took part in the October 7 attack.

By: Zaini Majeed
Last Updated: May 12, 2026 15:29:56 IST

The Israeli lawmakers on Monday have approved a bill to set up a “special tribunal” that would allow the death penalty for the Palestinian militant group Hamas’ attackers for taking part in the 2023, October 7 rampage that triggered the war in Gaza. The bill was passed with 93-0 in the 120-seat Israeli parliament— Knesset— with 27 lawmakers absent or abstaining from voting. 

The Israeli lawmakers backed the measure with a vast majority to sentence the Hamas attackers accused of unfolding one of the deadliest attacks after invading Israel’s southern borders and killing 1200 people, and taking 250 others hostage. The bill garnered widespread support, reflecting the sentiment to hold the October 7 perpetrators accountable and be punished. The bill passed Tuesday empowers a panel of judges to hand down the death penalty by a majority vote. The trials that will be conducted would be “live-streamed” from a court in Jerusalem. 

The bill has attracted opposition from the rights groups, who argue that the death penalty would be imposed without the procedures that safeguard the right to a fair trial. The groups compared the trial to the 1962 live broadcast trials that were conducted by Nazi Germany during the reign of Adolf Hitler, adding that live-streaming the sentence would turn the trials into a spectacle. There are also questions being raised about the reliability of the evidence. 

The legislative measure has coincided with the release of a comprehensive report detailing “systematic and widespread” sexual violence during the Israeli incursions, as well as the successful identification of three high-profile perpetrators through the use of advanced facial recognition technology.

The creation of the tribunal represents a significant shift in the Israeli legal framework, designed specifically to handle the sheer scale and gravity of the crimes committed during the initial breach of the border. 

Sources indicate that the special court is intending to streamline the prosecution of hundreds of detainees involved in the October 7 attack. The Israeli government has pushed back on criticism, arguing that the standard criminal justice system is unequipped to manage the historic nature of the atrocities.

The bill, separate from the one passed in March to approve the death penalty for the Palestinians, was brought by Simcha Rothman, who is a part of Israeli Prime Minister Benjamin Netanyahu’s ruling coalition. Speaking to the press, Rothman said that there’s an overwhelming consensus for the bill in the Knesset, which proves that the Israeli lawmakers can come together “around a common mission.”

New Findings on Systematic Sexual Violence

A harrowing new report, released on Tuesday, has provided what investigators call the most definitive evidence to date of sexual crimes committed during the October 7 assault. The findings accuse Hamas of employing sexual violence as a “systematic and widespread” tool of war. 

The report, compiled from forensic evidence, survivor testimonies, and digital data, suggests that these acts were not isolated incidents of indiscipline but were part of a broader tactical approach during the attacks.

While Hamas has repeatedly denied such allegations, the United Nations has previously noted that there are “clear and convincing” grounds to believe that sexual violence occurred. This latest Israeli report aims to provide the evidentiary basis for the newly formed tribunal, ensuring that gender-based crimes are a central pillar of the upcoming prosecutions.

Death Penalty and Military Jurisprudence

The establishment of the special military court has sparked intense debate regarding the use of capital punishment. As the law specifically authorises the tribunal to hand down death sentences for those found guilty of mass murder and crimes against humanity, it has triggered backlash. Some groups argue that during the military campaign in Gaza, the Israeli forces unleashed mass civilian casualties. 

While Israel has historically reserved the death penalty for exceptional cases, most notably the 1962 execution of Nazi war criminal Adolf Eichmann, lawmakers argued that the “unprecedented cruelty” of October 7 necessitates the ultimate legal sanction.

Legal experts noted that the tribunal will operate under military jurisdiction, allowing for the use of classified intelligence as evidence while attempting to maintain international standards of due process. However, human rights organisations have expressed concern that the expedited nature of the special court could impact the transparency of the proceedings.

Oct 7 Suspects Identified Via Facial Recognition

In a related technological breakthrough, three key perpetrators of the October 7 massacre have been identified using sophisticated facial recognition software. The individuals were flagged by cross-referencing body-cam footage recovered from the battlefield with existing intelligence databases. 

The identification of these suspects is expected to provide the tribunal with its first high-priority defendants. The use of AI-driven identification tools marks a new frontier in the hunt for those who participated in the attacks. Israeli security forces confirmed that the software has allowed them to track the movements of specific militants from the moment of the border breach to the sites of the various kibbutz massacres.

Israel Prepares for First Trials 

As the Israeli government prepares for the first set of trials, the rights groups largely focus on the balance between retribution and justice. The UN has emphasised the need for “independent and impartial” investigations to ensure that the victims’ families receive genuine closure. With the special tribunal now legally enshrined and new evidence of systematic violence coming to light, Israel is set to begin the legal proceedings that will likely define the region’s judicial landscape for years to come. The Israeli government maintains that the court is not merely about punishment, but about establishing an indisputable historical record of the events that triggered the Gaza war and destabilised the Middle East.

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