ICHR Condemns the Israeli Knesset’s Approval of the So-Called “October 7 Perpetrators Trial Law”
The Independent Commission for Human Rights (ICHR) condemns the Israeli Knesset’s approval, in its second and third readings, of the so-called “October 7 Perpetrators Trial Law,” which authorizes the imposition of the death penalty against defendants and prohibits their future release.
ICHR considers this law a dangerous escalation within Israel’s system of retaliatory and exceptional legislation. It constitutes a flagrant violation of the rules of international humanitarian law and international human rights law, particularly in light of the ongoing grave violations committed by the Israeli occupation against the Palestinian people.
ICHR further warns of the retroactive nature of this law, noting that it was specifically designed to prosecute individuals for acts committed prior to its enactment. This directly contravenes the principle of non-retroactivity of criminal laws, a well-established norm in international law and one guaranteed under Article 15 of the International Covenant on Civil and Political Rights (ICCPR).
ICHR also emphasizes that the imposition of the death penalty, especially in the context of politically and security-driven trials and in the absence of fair trial guarantees, constitutes a serious violation of the right to life and raises grave concerns regarding the use of judicial proceedings as a tool of political retaliation.
Furthermore, ICHR stresses that the treatment of individuals captured in the context of an armed conflict must comply with the rules of international humanitarian law, including the Third and Fourth Geneva Conventions of 1949 relating to the treatment of prisoners of war and protected persons. These conventions require the provision of legal and judicial safeguards and prohibit retaliatory or exceptional treatment against prisoners and detainees.
ICHR calls upon the international community, the United Nations, and international human rights bodies to take urgent action to pressure the occupying authorities to halt the enactment and implementation of laws that violate international law, and to ensure respect for international humanitarian law, as well as the principles of justice and fair trial.