The Israeli Knesset’s approval of a law establishing a special military court to try Palestinian prisoners provides legal cover for ongoing war crimes, Raed Abu Al-Homs, head of the Commission of Detainees and Ex-Detainees Affairs, told Al Manassa.
The law passed with an overwhelming 93-0 majority (the 27 remaining members of the Knesset were absent or abstained). It empowers a specialized military tribunal to try detainees accused of participating in the Hamas-led October 7 attacks in 2023. The statute marks the latest escalation in Israel’s legal response to the attack and its aftermath.
The consensus within the Knesset carries “very dangerous” implications, Abu Al-Homs told Al Manassa. He warned that the fate of hundreds of prisoners now rests in the hands of a three-judge panel granted broad powers to carry out “the most severe forms of retribution.”
The court’s jurisdiction also includes detainees charged with holding or mistreating Israeli prisoners. “All of this means we are heading toward more systemic and malicious Israeli terrorism,” Abu Al-Homs said.
Approximately 1,200 Palestinian prisoners from Gaza currently face the prospect of execution under the new framework. However, due to a total information blackout since the arrests, the fate of hundreds more remains unknown.
Ashraf Al-Ajrami, former Minister of Prisoners’ Affairs, noted the law allows military courts to issue death sentences to suspects based on the 1977 Israeli Penal Code for charges including “genocide, rape, and murder.”
The move violates both international and Israeli law, Al-Ajrami told Al Manassa, noting that Israel has historically avoided the death penalty due to the complex legal status of Palestinians under occupation. “The law violates international legal norms and strips Palestinian prisoners of fair-trial guarantees, regardless of the charges they face,” he added.
Al-Ajrami called for international legal action through the International Court of Justice and the International Criminal Court, stating that the solution lies in ending the occupation and enabling Palestinians to exercise their right to self-determination.
Ayman Al-Raqab, a political science professor at Al-Quds University, warned Al Manassa that the new legislation returns the “Gaza prisoners” file to the forefront of juridical attention. He noted that while the Knesset passed a prisoner execution law in late March, it did not apply to Palestinian detainees from Gaza.
The new law enables military courts to issue field execution orders alongside life sentences for Gaza Palestinians, Al-Raqab told Al Manassa. He observed that while prisoners were previously killed extra-judicially, the state is now institutionalizing the process through the judiciary. “We may witness mass executions,” he said.
The day after the law passed, a report, titled “Silenced No More: Sexual Terror Unveiled: The Untold Atrocities of October 7 and Against Hostages in Captivity,” was published. It documents alleged sexual and gender-based crimes by Hamas and affiliated fighters during the attack and against hostages in Gaza, and calls for specialized prosecution mechanisms.
Coming immediately after the law’s passage, the report may contribute to an atmosphere in which exceptional judicial measures against Palestinian detainees are cast as necessary accountability. Its graphic findings and prosecution-oriented recommendations could strengthen political and public pressure for swift punishment, raising concerns that the new tribunal could enable summary justice rather than fair trials.
Since October 7, 2023, Israel has arrested thousands of Palestinians. According to the Palestinian Prisoners’ Club, more than 9,500 prisoners are currently held in Israeli prisons and camps. More than 100 detainees have died in prison, amid reports of widespread torture, systematic starvation, medical negligence, and sexual assault.
