Israel approves establishment of special military court to execute 'elite' prisoners

The Israeli Knesset is preparing for final approval, this evening, of a controversial bill aimed at establishing a special military court to try elite fighters of the Al-Qassam Brigades. This legislative move aims to create an exceptional legal framework that allows for the imposition of the death penalty on Palestinian prisoners who participated in the events of October 7.

This project had passed through legislative stages, beginning with a vote on the first reading in mid-January, with broad support from the ruling coalition and segments of the opposition. This trend is led by MKs Simcha Rothman and Yulia Malinovsky, as part of a series of retaliatory laws that followed the Al-Aqsa Flood operation.

According to media sources, the new court will be based in occupied Jerusalem and will specialize in cases related to those Tel Aviv describes as 'terrorist fighters'. The occupation authorities claim to have detained hundreds of elite members without trial since the outbreak of confrontations in the Gaza envelope and subsequent ground operations.

Israeli Justice Minister Yariv Levin stated that these trials would represent what he described as 'historical justice', emphasizing the need for efficient and swift proceedings. Levin indicated that the law grants the judicial body full authority to issue and execute death sentences immediately upon their approval, a legal precedent within the Israeli system.

The court's powers include reviewing indictments based on anti-terrorism and genocide prevention laws, in addition to crimes directed against state sovereignty. Potential death sentences are not limited to murder charges but extend to include other accusations such as rape and crimes committed against Israeli prisoners.

Judicial bodies in this court consist of three judges, one of whom must be a president of a military court or a district court judge of a high rank. This formation aims to give a formal legal character to trials that human rights activists describe as lacking fair trial guarantees.

According to the proposed law, charges will be brought against prisoners for actions that occurred between October 7 and 10, 2023. Israel classifies these actions as crimes against humanity and war crimes, in addition to classifying them as crimes specifically directed against the Jewish people.

Regarding legal defense, the law allows defendants to appoint lawyers licensed in Israel or the West Bank, but it places restrictions on appointing lawyers from the Public Defender's Office. The Israeli government seeks to charge the Palestinian Authority for the costs of these trials by deducting amounts from clearance funds.

Most hearings are scheduled to be conducted via video conferencing from inside prisons, to reduce prisoner movement and ensure security control. However, the law requires defendants to personally attend five main sessions, including responding to the indictment and the final verdict.

These trials will be public and fully recorded, with opening sessions and closing arguments broadcast via a dedicated website for the public. The occupation aims through this step to document its narrative of events and preserve it in the official archive as part of the international media and legal battle.

The law allows families of killed Israelis and affected settlers to attend sessions or monitor them from separate rooms within the court building. A special unit affiliated with the military prosecutor will also be responsible for overseeing what is called 'victims' rights' during judicial deliberations.

In the event of a death sentence, the project stipulates an automatic appeal mechanism before a higher judicial body comprising retired judges and judicial officials. This mechanism is an attempt to beautify the court's image before the international community and claim the existence of levels of litigation despite the exceptional nature of the court.

Political circles in Tel Aviv confirm that this court differs from the bills previously proposed by Itamar Ben-Gvir, although it converges with them in objectives. While Ben-Gvir's law was general, this court has a military character exclusively dedicated to dealing with Hamas prisoners.

Observers believe that the approval of this law represents a dangerous escalation in dealing with Palestinian prisoners and violates international conventions related to prisoners of war. These moves come amid harsh conditions experienced by prisoners inside prisons, coinciding with extremist right-wing calls for their physical liquidation through official laws.

This law is not only about justice, but about historical justice, and we seek to begin trials as soon as possible.