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Israel passes law allowing death penalty for Hamas attackers
The legislation was approved with a unanimous vote

Israel passes law allowing death penalty for Hamas attackers

May 12, 2026
02:15 pm

What's the story

Israel's parliament, the Knesset, has passed a controversial law, with a unanimous vote of 93-0, allowing the death penalty and public trials for those involved in the October 2023 Hamas-led attacks. The bill was co-sponsored by both government and opposition politicians, a rare show of unity. "May everyone see how the State of Israel is a sovereign state which knows how to hold those who harmed it to account," said Yulia Malinovsky, an opposition politician and co-sponsor of the bill.

Legal framework

New law creates special legal framework for prosecution

The new law creates a special legal framework for prosecuting those accused of direct involvement in the attacks. This includes members of Hamas's Nukhba special forces unit who were captured in Israel. They will be tried on charges ranging from terrorism and murder to sexual violence and genocide, with genocide carrying the death penalty. The trials will take place before a special military court in Jerusalem under different rules from regular criminal trials.

Public trials

Key moments to be filmed and broadcast

Key moments of the trials, including opening statements, verdicts, and sentencing, will be filmed and broadcast on a dedicated website. This move has drawn criticism from Israeli human rights groups who oppose capital punishment and warn against "show trials" based on confessions allegedly extracted under torture. The October 2023 attacks were the deadliest in Israel's history, killing over 1,200 people and leading to mass kidnappings.

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Historical comparison

Supporters compare trials to that of Nazi war criminal Eichmann

Supporters of the law have compared the upcoming trials to that of Nazi war criminal Adolf Eichmann, who was hanged in 1962 after being convicted by an Israeli civil court. Victims and bereaved families from the October attacks participated in parliamentary committee discussions on the legislation, with some hoping for answers through these trials. The Israeli government has denied accusations of widespread torture, claiming compliance with international law standards.

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Torture claims

Law sparks protests outside International Committee of Red Cross headquarters

Justice Minister Yariv Levin said work of an enormous and unprecedented scale had been done under his direction to set up the special legal framework. Video and audio documentation from the trials is expected to be preserved in the State Archives. The new law has sparked protests outside the International Committee of the Red Cross headquarters in Gaza City, with families of prisoners and missing persons calling for international action against it.

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