DaysofPal- The Israeli Knesset has advanced draft legislation governing the prosecution of Palestinian prisoners after approving the bill in a first reading late Monday into early Tuesday.
The proposed law targets Palestinian prisoners, authorizing courts to impose capital punishment and prohibiting the release of those convicted through future prisoner exchange agreements.
The Israeli Channel 14 reported that the bill passed without opposition, winning the backing of 19 lawmakers.
The legislation calls for the creation of a special tribunal, led by a retired judge and operating outside Israeli regular judicial system, with jurisdiction over what are defined as “serious crimes.”
Under the proposal, the court would be allowed to depart from standard criminal procedures and evidentiary rules, where most hearings would be conducted publicly and broadcast via a dedicated website, with recordings archived by the state.
Convictions under the law would permanently disqualify prisoners from inclusion in any future exchange deals.
The bill also establishes a government steering committee, headed by the prime minister and including the ministers of justice, war, and foreign affairs, responsible for determining prosecution policy.
On Tuesday, Israeli media revealed details of the final version of a separate bill introducing the death penalty for Palestinian prisoners, spearheaded by far-right National Security Minister Itamar Ben Gvir.
According to public broadcaster Kan, the revised draft stipulates that executions would be carried out by hanging within 90 days of a final court ruling.
The execution would be conducted by a prison guard appointed by the head of the Israeli Prison Service, whose identity would remain confidential and who would be granted full criminal immunity.
The legislation requires that prisoners sentenced to death be held in separate facilities, with visits tightly restricted. Meetings with legal counsel would be limited to visual contact only. Executions would be overseen by the prison director, a judicial representative, an inspector, and a member of the prisoner’s family.
The final draft, submitted by the Otzma Yehudit party through Knesset member Limor Son Har-Melech, omits explicit references to prosecuting those responsible for the October 7 attack, instead emphasizing procedural issues and the expanded powers of the public prosecution.
Debated in the Knesset’s National Security Committee chaired by MK Zvika Fogel, the bill allows courts to impose the death penalty even without a request from prosecutors and by a simple majority of judges, rather than a unanimous decision.
The proposal further distinguishes between territories: in the occupied West Bank, the death penalty would be mandatory, with appeals allowed only against convictions and not sentences, while in other areas, courts could choose between execution or life imprisonment without the possibility of release through future exchange agreements.
Ben Gvir has said the legislation would prevent the government’s legal adviser from blocking its implementation, even in the event of her opposition.
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