Israel passes law on death penalty for Palestinians over Operation Al-Aqsa Flood
The Israeli Knesset has passed a new law imposing the death penalty and authorizing “show trials” for Palestinians accused of involvement in Operation Al-Aqsa Flood on October 7, 2023, based on evidence extracted under torture.
The law, passed by 93 votes to 0 in the Knesset, was jointly sponsored by the cabinet and opposition politicians.
Israeli authorities claim it targets those involved in Operation Al-Aqsa Flood by resistance fighters in Gaza against the Israeli regime, which was carried out in response to the occupying regime’s intensified atrocities against Palestinians and the desecration of the al-Aqsa Mosque.
Palestinian and Israeli human rights organizations condemned the legislation as a flagrant violation of international law, arguing that it transforms the judicial process into a political spectacle designed to secure mass convictions.
Confessions extracted under torture
The new law grants judges broad discretion to admit evidence obtained under “coercive conditions that may amount to torture or ill-treatment,” marking a deliberate lowering of legal protections designed to guarantee fair trials.
“The bill explicitly permits mass trials that deviate from standard rules of evidence, including broad judicial discretion to admit evidence obtained under coercive conditions that may amount to torture or ill-treatment,” Muna Haddad, an attorney with Adalah, the Legal Center for Arab Minority Rights in occupied lands, told Al Jazeera.
The new law creates a special legal framework for prosecuting abducted Palestinians, including members of the Nukhba special forces unit of the al-Qassam Brigades, the military wing of Hamas.
As Haddad concluded in her formal objection to the bill, “This constitutes a severe violation of fair trial guarantees that falls well short of international law requirements.”
‘Show trials’ for public consumption
The law mandates the filming and public broadcasting of trial proceedings, including opening hearings, verdicts, and sentencing, on a dedicated website. This marks a sharp departure from standard Israeli judicial practice, which typically prohibits courtroom cameras.
Yulia Malinovsky, one of the bill’s co-sponsors, declared that “the whole world will witness” the proceedings.
Haddad noted that the provision “transforms proceedings into show trials at the expense of the accused’s rights.” She added that the public hearing provisions “violate the presumption of innocence, the right to a fair trial, and the right to dignity.”
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