Law on the Execution of Elite Prisoners: Employing Legislation and Judiciary in the Service of "Ethnic Cleansing"

Abdullah Al-Zaghari: The establishment of a special court for prisoners from Gaza reflects an Israeli tendency to employ legal and judicial tools to deepen the policy of revenge against Palestinians. Hilmi Al-Araj: There is a realistic possibility of overturning these laws, but the absence of effective action may open the door to the execution of death sentences against prisoners. Nizar Nazzal: Israel has rarely used the death penalty, making the current path an attempt to establish a special legal framework related to what is called "terrorism" and wars. Yasser Manna: The establishment of these courts reflects an Israeli tendency seeking to reframe the prisoner issue to become a central part of the deterrence equation after October 7th. Talal Awkal: Israel will move towards implementing the law on the execution of prisoners and will work to use it as a political and security pressure card against the "Hamas" movement. Sari Sammour: The chances of retreating from the path of executing prisoners seem slim given the prevailing Palestinian frustration, Arab preoccupation, and the absence of effective international pressure. Ramallah - Exclusive to "Al-Quds" - The prisoner file is approaching a new turning point with Israel proceeding with legislative and judicial steps targeting prisoners from the Gaza Strip, through the establishment of special courts for elite prisoners from the Al-Qassam Brigades, the military wing of the Hamas movement, and the re-activation of the prisoner execution law, in a trend that reflects a clear escalation in Israeli policies towards Palestinian detainees, and raises fears of an expansion of execution steps against prisoners, and even within an endeavor to legalize revenge against Palestinians. Officials, human rights activists, specialists, writers, and political analysts, in interviews with "Al-Quds", believe that these moves should be read in the context of the political transformations witnessed by Israel after the war on Gaza, where issues of deterrence and revenge have topped the political and security discourse among right-wing parties pushing for stricter legislation. They believe that the new trend is not limited to the judicial dimension, but also carries internal political dimensions related to electoral bidding and attempts to restore an image of strength before Israeli society. They point out that these laws could be a political and security pressure tool, or a step that could turn into actual implementation if the current Israeli political environment continues without external pressures capable of stopping this path. Extension of the Genocide War The head of the Prisoner's Club, Abdullah Al-Zaghari, warns of the serious repercussions of the new Israeli legislation related to prisoners from the Gaza Strip, considering that the occupation system's tendency to establish specialized courts to try detainees from the Strip and issue sentences that may reach execution or long prison terms without the possibility of release, comes within a broader policy as an extension of the ongoing genocide war against Palestinians, especially in the Gaza Strip. Al-Zaghari confirms that the approval of this type of laws and courts cannot be separated from the path Israel has followed since the beginning of the war, explaining that the occupation system has continued to issue military orders and legislation targeting Palestinians, in parallel with the widespread military operations witnessed in the Gaza Strip, which resulted in the death of thousands of Palestinian victims, in addition to the "genocide" that affected prisoners inside Israeli prisons, pointing to the martyrdom of more than 100 Palestinian detainees inside Israeli detention centers. Al-Zaghari explains that the new legislation to establish a special court for prisoners from the Gaza Strip came less than two months after the approval of a law related to the execution of prisoners, considering that these steps reflect a tendency by the extremist Israeli right-wing government to employ legal and judicial tools to deepen the policy of revenge against Palestinians, and especially against prisoners, by enshrining exceptional laws that directly target them. Al-Zaghari believes that what allowed these legislations to pass, whether related to the law on the execution of prisoners or the special courts for prisoners from the Gaza Strip, is the Israeli denial of humanitarian and moral values, in addition to challenging the international system and disregarding international law, in light of the retreat and failure of international human rights and humanitarian institutions to provide protection for male and female prisoners inside prisons, as well as for the Palestinian people in general since the beginning of the war on Gaza. Targeting on the Basis of "Ethnic Cleansing" Al-Zaghari confirms that current Israeli policies fall within a broader project targeting Palestinians on the basis of "ethnic cleansing" and erasing Palestine from the global political map, which puts the international community, especially UN institutions, to a test regarding their ability to protect the humanitarian principles upon which they were founded. Within the Implementation Path Regarding the possibility of implementing the prisoner execution law, Al-Zaghari suggests that the new legislations will turn into actual measures on the ground, pointing out that the prisoner execution law, which was approved about two months ago, is now within the implementation path within military courts, so that it can be applied to any Palestinian prisoner accused of carrying out operations that resulted in the killing of Israelis. Al-Zaghari expects that the law for prisoners from the Gaza Strip will be applied in the coming period, given the consensus within Israeli right-wing circles to support it, considering that prisoners thus face a new stage of escalation and revenge inside Israeli detention centers. Direct Extension of the Prisoner Execution Law The Director-General of the "Hurriyat" Center for the Defense of Freedoms and Civil Rights, Hilmi Al-Araj, explains that the Israeli Knesset's approval of a law to establish special courts to try elite prisoners from the Hamas movement represents a direct extension of the prisoner execution law approved by the Knesset on March 30th, confirming that these laws aim to pave the way for trying prisoners and sentencing them to death, including retroactively, in a step that carries a clear racist and discriminatory character. Al-Araj points out that these laws enshrine the targeting of Palestinians without Israelis, in the absence of fair trial standards, and the existence of ready-made charges used as a tool for revenge against the Palestinian people and prisoners from the Gaza Strip, under various pretexts. Al-Araj notes that this legislative system is not separate from a broader context of the continuation of the crime of genocide, the violation of the right to life, and the violation of the Geneva Conventions, especially the Fourth Convention which stipulates the protection of populations under occupation, and this confirms the need to protect the Palestinian people, including prisoners. Al-Araj confirms that these measures also contradict the United Nations Charter, which recognizes the right of peoples under occupation to resist the occupier for self-determination, in addition to the Universal Declaration of Human Rights which guarantees the right to life. Transformation of Laws into Tools of Revenge Al-Araj believes that what is happening reflects both political and judicial employment, where laws are transformed into tools of revenge instead of being tools of justice. Al-Araj explains that the passage of these laws is directly linked to the electoral competition within right-wing and racist parties in Israel, where Palestinian blood and the suffering of prisoners are invested in the internal political conflict, in light of the growing racist tendency within Israeli society. Necessary Confrontation Al-Araj confirms that Israel may proceed with the execution of prisoners unless it faces real accountability and scrutiny, which also includes economic measures and political pressures. Al-Araj stresses that the prisoner execution law amounts to a "war crime", and that its application depends on the political and legal cost paid by the occupation. Nevertheless, Al-Araj believes that there is a realistic possibility of overturning the elite prisoner and prisoner execution laws, or at least freezing their implementation, as they are racist laws that explicitly violate the right to life, but the absence of effective national, regional, international, legal, political, and diplomatic action may open the door to the execution of death sentences against prisoners. Al-Araj confirms that the success of any path to confront them requires broad popular, political, diplomatic, and legal action, with Palestine and its people, along with the free people of the world, at its heart as a fundamental lever to stop these policies and hold their perpetrators accountable. Multiple Political, Security, and Legal Messages The researcher specializing in Israeli affairs and conflict issues, Nizar Nazzal, believes that the Israeli Knesset's approval of establishing a judicial framework and a special court for "elite" elements of the Al-Qassam Brigades, the military wing of the Hamas movement, which may include the death penalty, transcends its purely judicial dimensions, and carries multiple political, security, and legal messages, reflecting shifts in Israel's approach to dealing with prisoner files and the conflict. Nazzal explains that the step reflects a transition from the "containment logic" that Israel followed in previous stages to the "revenge and deterrence logic", in an attempt to show a higher level of firmness towards perpetrators of operations, especially in light of the repercussions of the current war. Electoral Bidding Nazzal points out that these trends are also linked to internal and electoral considerations, as the Israeli government, especially the extremist right-wing parties, seeks to address the angry Israeli public by showing more stringent and harsh positions, noting that such laws receive wide support within right-wing bases and are used to enhance the government's image as "not compromising with Palestinians." Attempt to Create an Exceptional Precedent Nazzal points out that the trend also carries a legal dimension, which is an attempt to create a new exceptional precedent, as Israel has historically rarely used the death penalty, with the exception of the Nazi Adolf Eichmann, which makes the current path an attempt to establish a special legal framework related to what Israel describes as "terrorism" and war files. Nazzal clarifies that the messages are not limited to the Hamas movement only, but extend to the axis of resistance, in the context of sending a broader regional deterrence message. Nazzal warns of potential repercussions of this step, including the escalation of the prisoner file, the possibility of resistance factions resorting to threatening retaliatory responses or carrying out future operations for the purpose of exchange, as well as opening the door to increasing legal pressures and human rights and international criticism against Israel. Nazzal points out that there is an Israeli fear that the trials will turn into a media and political platform that gives an opposing narrative momentum before the world. Still a Confused Step Nazzal believes that the step is still confused and may be implemented, but Israel may use the law as a deterrence and negotiating pressure card and for internal consumption more than it is a step capable of immediate application, given the high security and political cost that may include international pressures, retaliatory possibilities, and the complication of exchange deals, in addition to fears of creating new Palestinian symbols and igniting multiple confrontation arenas. Nazzal believes that approving the law seems politically easier, but actually carrying out executions remains uncertain due to its cost, which may exceed its gains for Israel. Legalizing Revenge The writer and researcher specializing in Israeli affairs, Yasser Manna, explains that the Israeli trend towards establishing special courts to try Palestinian prisoners from the Gaza Strip, comes within the push for the prisoner execution law, reflecting a harmony between legislative and judicial paths aimed at transforming "revenge" for the events of October 7th into an organized and legalized legal system. Manna points out that these steps are not limited to their judicial dimension, but come within a broader shift in Israeli policy towards Palestinians, represented by the transition from managing the conflict to attempting to resolve it and impose its ends through tools of force and deterrence. Manna confirms that the establishment of these special courts reflects an Israeli political trend seeking to reframe the prisoner file to become a central part of the deterrence equation after October 7th, by linking justice with concepts of deterrence and revenge. Manna notes that this path carries implications that go beyond the court itself, as it reflects Israel's redefinition of the concept of justice in the context of the conflict, making it a political and security tool at the same time. Actual Execution Not Ruled Out Regarding the possibility of carrying out death sentences against prisoners, Manna believes that this possibility remains plausible and not ruled out in the current Israeli political climate, especially in cases classified within Israeli discourse as "symbolic" and directly linked to the October 7th attack and its profound impact on Israeli consciousness. Manna points out that dealing with the execution file should not be viewed as merely a media threat or a pressure card, but as a political and legal option that can turn into actual implementation at any moment, depending on political and security developments within Israel. Clear Violation of International Law The writer and political analyst Talal Awkal believes that the Israeli Knesset's return to completing the procedures for approving a draft law related to the execution of Palestinian prisoners from Hamas fighters, by pushing it towards the second and third readings, and the talk about a decision to establish a special court to try Hamas fighters, reflects an Israeli insistence on proceeding on a path that ignores escalating international warnings and condemnations, despite the accusations raised by the law regarding its discriminatory nature and its violation of international law. Awkal explains that the law has a "blatantly racist" character as it targets Palestinian prisoners in particular, and focuses on Hamas fighters, considering that it constitutes a clear and gross violation of international law and international humanitarian law, especially in light of the rules governing the treatment of prisoners during conflicts. A State of "Israeli Callousness" Towards the International System Awkal believes that proceeding with the approval of this legislation reflects a state of "Israeli callousness" towards the international legal and humanitarian system, after the war on the Gaza Strip and the accompanying massacres, starvation policies, and siege, which are accusations made by international human rights institutions and experts. Awkal points out that Israel, despite the acknowledgment by Israeli Prime Minister Benjamin Netanyahu and security and civilian officials, writers, and journalists of increasing international isolation, seems to have entered a dark tunnel from which it is difficult to exit politically and morally. Awkal believes that Israel will eventually move towards implementing the prisoner execution law, but he adds that this may not be immediate, as it is likely to first work to use it as a political and security pressure card against the Hamas movement, with the aim of imposing conditions related to surrender or handing over weapons, before moving to actual implementation. Deep Transformations in the Structure of Israeli Governance and Society The writer and political analyst Sari Sammour explains that the Israeli trend towards seeking to approve and implement death sentences against Palestinian prisoners cannot be separated from the deep transformations that have occurred in the structure of Israeli governance and society, considering that the matter reflects a change in Israeli perceptions towards Palestinians and the world, in light of the rise of extremist right-wing currents that are no longer concerned with preserving the traditional image that Israel sought to present of itself for decades as a democratic state. Sammour points out that Israel historically avoided carrying out death sentences against Palestinians for fear of solidifying national symbols that remain present in the collective Palestinian memory, recalling the experience of the execution of the martyrs of the Buraq Revolution during the British occupation; Muhammad Jamjoum, Fouad Hijazi, and Atta Al-Zir, as well as Sheikh Farhan Al-Saadi, whose memory is still present in Palestinian consciousness. Sammour confirms that Israel, despite its responsibility for the killing of large numbers of Palestinians during the past decades, was keen not to carry out executions in their direct legal form, to avoid their political and symbolic repercussions. Sammour notes that Israel has long sought to present itself to the world as "not a state of gallows", citing the position of former Israeli Prime Minister Yitzhak Rabin, who opposed the execution of a death sentence issued against prisoner Said Badarneh from the town of Ya'bad, southwest of Jenin, where the sentence was reconsidered and replaced with life imprisonment before he was later released as part of the prisoner exchange deal known as the Shalit deal. First Test Sammour believes that the current Israeli scene is radically different, as the prevailing political current is no longer keen to show Israel's "liberal face", expecting that the Israeli government, if it decides to carry out executions, will resort to something similar to a "first test" by carrying out sentences against a limited number of prisoners, and perhaps from the Gaza Strip in the first stage, to measure Palestinian, Arab, and international reactions, before moving to broader steps. Chances of Retreating from Prisoner Execution Seem Slim Sammour points out that the chances of retreating from the path of executing prisoners seem slim given the prevailing Palestinian frustration and Arab preoccupation, in addition to the absence of effective international pressure, considering that what is happening comes in the context of an Israeli political environment based on electoral bidding between right-wing forces "competing over who harms Palestinians more and seizes more land." Attempt to Restore Deterrence Power Sammour confirms that the formation of a special court for Palestinian fighters from the Gaza Strip, who are elite elements of the Al-Qassam Brigades, the military wing of the Hamas movement, carries multiple messages, most notably an attempt to restore Israeli deterrence power and spread frustration in the Palestinian street, in addition to sending a message that those who went out with the aim of capturing Israelis to free Palestinian prisoners may themselves face imprisonment and execution. Sammour stresses that Palestinian fighters should be treated as prisoners of war according to international norms, which makes the idea of executing them a departure from humanitarian and legal rules, while at the same time suggesting that the implementation of death sentences has become a highly probable possibility in light of political and social transformations within Israel, although he does not rule out that strong international or internal reactions could lead to stopping this path.