Legislation9/27/2026

Death Penalty for Nukhba Terrorists: The Legal Basis and Possible Implications

Israel has established a legal and organizational framework for imposing death sentences on some of those accused in the October 7 attack. However, the source does not describe a judicial ruling, but rather the author’s analysis of the risks posed by possible executions—from new abductions and internal clashes to international pressure.

Key facts

•The law was approved by the Knesset in March 2026
•The special military court was established in May 2026
•The applicable law: the Nazis and Nazi Collaborators (Punishment) Law, 1950
•About 300 Nukhba terrorists are being held in Israeli prisons
•Israel has carried out two executions since 1948

What Changed in the Legislation

In March 2026, the Knesset approved a law requiring the imposition of the death penalty on Palestinians convicted by military courts of deadly terrorist attacks. An exception may be made if the judges determine that special circumstances justify life imprisonment. The court may impose the death penalty by a majority decision and without an explicit request from the prosecution.

How the Defendants in the October 7 Attack Will Be Tried

In May 2026, a special military court was established in Jerusalem to hear the cases of those accused in the October 7 attack. The Nazis and Nazi Collaborators (Punishment) Law, 1950, which provides for the death penalty, is expected to be used. The proceedings are intended to be open, with the first hearing, the reading of the verdicts, and the sentencing broadcast live. According to the source, about 300 Nukhba terrorists are being held in Israeli prisons, but no specific charges or sentences were provided.

What Risks the Author Identifies

The author believes that the executions could trigger protests and intensify tensions between Israel’s Arab and Jewish citizens. In Gaza, they could increase the risk of new abductions intended to secure the release of those convicted or to exact revenge, while in the West Bank they could spark unrest and turn those executed into symbolic figures. Complications may also arise in relations with Arab countries, the United States, and European allies, along with additional scrutiny from the International Criminal Court and the United Nations’ International Court of Justice.

The Irreversibility of the Punishment and Subsequent Decisions

A separate risk concerns a miscarriage of justice: the source mentions Meir Tobianski, who was wrongly convicted of treason and executed in 1948. Even after the judgments become final, the government could delay their implementation, seek commutation of the sentences, or leave the matter unresolved for an extended period. The source does not report that any defendant in the October 7 cases has already been sentenced to death or that an execution date has been set.

What this means for you

For ordinary Israeli residents, such proceedings may involve lengthy public trials accompanied by appeals, political disputes, and heightened tensions. The mere existence of the death penalty in law still does not guarantee that it will be carried out automatically: the final outcome depends on the sentences, appeals, and government decisions.

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