Israel Passes Law to Create Tribunal for October 7 Attack Participants

Israeli lawmakers approved a bill on May 12, 2026, setting up a special tribunal for Palestinians convicted of taking part in the 2023 Hamas-led attack. The measure passed 93-0 in the 120-seat Knesset, with 27 lawmakers absent or abstaining from the vote. The tribunal has authority to sentence defendants to death.

A panel of judges can hand down the penalty by majority vote, and trials must be conducted in a livestreamed Jerusalem courtroom. Defendants can appeal sentences, but appeals must be heard by a separate special appeals court. The legislation drew comparisons to the 1962 trial of Adolf Eichmann, which was broadcast live on television.

Eichmann was executed by hanging. His execution in 1962 was the last time the death penalty was carried out in Israel. Capital punishment remains on the books in Israel for acts of genocide, espionage during wartime and certain terror offenses.

A separate law passed in March 2026 approved the death penalty for Palestinians convicted of murdering Israelis. That measure is not retroactive and does not apply to October 2023 suspects. Hamas-led militants stormed into Israel on October 7, 2023, killing some 1,200 people and taking 251 as hostages.

Israel's ensuing offensive on Gaza has killed over 72,628 Palestinians, including at least 846 killed since a ceasefire took hold in October 2025. Around half the deaths in Gaza were women and children, according to the Gaza Health Ministry. The Gaza Health Ministry is part of the Hamas-led government.

N. agencies and independent experts. An unknown number of suspects from the October 7 attack were taken into Israeli custody. Simcha Rothman, one of the bill's sponsors and a member of Prime Minister Benjamin Netanyahu's ruling coalition, said the overwhelming consensus for the bill shows Israeli lawmakers can come together around a common mission.

Several Israeli rights groups including Hamoked, Adalah and the Public Committee Against Torture in Israel issued a joint statement on May 12, 2026. The statement said justice for the victims of October 7 is a legitimate and urgent imperative but accountability must be pursued through a process which includes rather than abandons the principles of justice.

Rights groups criticized the measure, saying it makes the death penalty too easy to impose and does away with procedures safeguarding the right to a fair trial.

Opponents of the bill said livestreaming the proceedings before guilt is established risks turning the trials into a spectacle. They raised questions about the reliability of evidence that may have been extracted by harsh interrogation methods. According to the Public Committee Against Torture in Israel, Israel holds about 1,300 Palestinians from Gaza without charge in its detention facilities.

At least 7,000 Palestinians from Gaza had been held in Israeli custody since October 2023, and 5,000 of them were later released. The 1,300 figure does not include those held on suspicion of attacking Israel on Oct. 7 or involvement in holding hostages.