Legal experts have warned that legislation advancing through the Israeli parliament could result in Palestinians detained after the October 7, 2023 attacks facing publicly broadcast 'show trials' and the death penalty. The proposed bill, which has rare bipartisan support, creates a special military tribunal to try Palestinians accused of involvement in the Hamas-led assault.

Co-sponsored by Simcha Rothman of the far-right Religious Zionism Party and Yulia Malinovsky of Yisrael Beytenu, the legislation establishes a dedicated military headquarters and court in Jerusalem to handle mass prosecutions. Crucially, it authorizes deviation from standard evidence rules and grants judges full authority to impose the death penalty.

Muna Haddad, an attorney with Adalah, the Legal Center for Arab Minority Rights in Israel, submitted a formal objection. '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,' Haddad said, calling it a severe violation of fair trial guarantees.

In a departure from standard practice, the bill mandates filming and public broadcasting of key trial moments on a dedicated website. Sponsor Malinovsky stated 'the entire world will witness' the proceedings. Haddad warned this 'transforms proceedings into show trials at the expense of the accused's rights.'

Israel strictly limits the death penalty under civil law, having carried out only two executions in its history. However, the political climate has shifted, with Shin Bet publicly supporting capital punishment for October 7 attackers as deterrence. Haddad dismissed claims of political theatre, stating lawmakers 'clearly and explicitly stated their expectation that the death penalty will be applied.'

Under international law, imposing the death penalty through a compromised judicial process is illegal. 'Any death sentence imposed in the absence of strict fair trial guarantees constitutes an arbitrary deprivation of life and is absolutely prohibited under international law,' Haddad said, citing the International Covenant on Civil and Political Rights.

Source: www.aljazeera.com