Volker Türk Demands Israel Repeal New Military Court Law for Palestinians, Warns of “One-Sided Justice”

United Nations High Commissioner for Human Rights Volker Türk has sharply condemned a newly passed Israeli law establishing a special military court to prosecute Palestinians accused of involvement in the 7 October 2023 attacks, warning that the legislation threatens to institutionalize discriminatory justice and violate fundamental principles of international law.

In a forceful statement issued Thursday, Türk called on Israel to repeal the law immediately, arguing that while accountability for the deadly attacks is essential, justice cannot be pursued through judicial mechanisms that fail to meet international legal standards.

“The victims of the atrocities committed on 7 October deserve justice and their families and loved ones deserve the full truth,” Türk said.

“There must be full accountability for these horrific attacks, but this cannot be achieved through trials that fall short of international standards.”

The new legislation, passed by the Israeli Knesset, creates a special military tribunal system specifically designed to prosecute Palestinians accused of links to the Hamas-led attacks of 7 October 2023, which triggered the ongoing war in Gaza and one of the deadliest escalations in the Israeli-Palestinian conflict in decades.

UN Warns Court Targets Palestinians Exclusively

According to the UN rights chief, one of the most troubling aspects of the law is its exclusive focus on Palestinians.

Türk warned that the court’s jurisdiction applies only to Palestinians accused in connection with the 7 October attacks and does not extend to possible crimes committed by other actors, including Israeli forces operating in the occupied Palestinian territory during the conflict.

“Focusing exclusively on Palestinians, the new court will not have jurisdiction over potential criminal responsibility of others in respect of those events, or over alleged crimes committed by Israeli forces in the occupied Palestinian territory at that time or since,” the statement said.

Human rights observers say the law risks deepening longstanding accusations of unequal justice within the Israeli-Palestinian legal framework, where Palestinians in occupied territories are often subject to military courts while Israeli settlers are tried in civilian courts.

“This law will inevitably institutionalise one-sided justice and discrimination against Palestinians, which cannot be in anyone's interest and runs counter to international human rights law,” Türk warned.

Concerns Over Mass Trials and Collective Guilt

The UN High Commissioner also raised serious concerns about provisions in the law allowing for mass trials — a move rights experts say could fundamentally undermine the presumption of innocence and individual criminal responsibility.

“The law allows further erosion of fair trial guarantees through its introduction of mass trials, which undermine the presumption of innocence by their premise of collective guilt rather than evidence of an individual’s criminal acts,” Türk said.

International legal experts have long warned against judicial systems that rely on broad association-based prosecutions rather than individualized evidence, particularly in politically charged or conflict-related cases.

Critics fear the new court structure could accelerate prosecutions while weakening procedural protections, legal representation rights, and evidentiary standards.

Fears Over Evidence Obtained Under Duress

Türk also highlighted concerns that the military court could permit the admission of evidence extracted under coercion or duress — practices prohibited under international human rights and humanitarian law.

“There are also serious concerns that the court could allow the admission of evidence obtained under duress, in violation of international law,” the UN rights office stated.

Human rights organizations have repeatedly documented allegations of mistreatment, coercive interrogations, and abuse of Palestinian detainees in Israeli custody, particularly during periods of intensified conflict.

The concerns come amid heightened scrutiny of detention conditions following the 7 October attacks and Israel’s subsequent military campaign in Gaza.

Mandatory Death Penalty Sparks Alarm

One of the strongest criticisms from the UN rights chief focused on the law’s provision for a mandatory death penalty for certain convictions.

Türk described the measure as “appalling” and warned that it could lead to irreversible miscarriages of justice.

“The mandatory death penalty is appalling and risks an irreversible miscarriage of justice for Palestinians convicted under the law,” he said.

Israel rarely applies capital punishment. The only execution ever carried out under Israeli civilian law was that of Nazi war criminal Adolf Eichmann in 1962.

The introduction of mandatory death sentences in a military court specifically targeting Palestinians has therefore triggered intense concern among international legal experts and rights organizations.

Türk stressed that applying such penalties to residents of occupied territories violates clear protections under international humanitarian law.

“Its application to residents of the occupied Palestinian territory is in violation of the clear and unambiguous due process guarantees contained in international humanitarian law and would therefore constitute a war crime,” he warned.

Intensifying International Scrutiny

The statement adds to mounting international criticism over legal and military measures adopted since the outbreak of the Gaza war.

The conflict began after Hamas-led attacks on southern Israel on 7 October 2023 killed around 1,200 people and resulted in the abduction of hundreds of hostages, according to Israeli authorities.

Israel’s military response in Gaza has since caused massive destruction and civilian casualties, drawing widespread condemnation and multiple international investigations into alleged violations of international humanitarian law.

Human rights organizations and UN bodies have repeatedly called for accountability for crimes committed by all parties to the conflict, including Hamas and Israeli forces.

Türk emphasized that accountability mechanisms must remain impartial, independent, and grounded in internationally recognized legal safeguards.

Legal experts warn that establishing a special court system targeting only one population group risks undermining confidence in judicial impartiality and further inflaming tensions in an already volatile region.

Calls for Repeal of the Law

Concluding his remarks, Türk issued a direct appeal for the legislation to be overturned.

“This law must be overturned,” he said.

The Israeli government has defended many of its wartime legal and security measures as necessary responses to what it describes as an unprecedented terrorist attack and ongoing national security threats.

However, international rights bodies continue to caution that even during armed conflict, states remain bound by international humanitarian law, human rights obligations, and due process guarantees.

The controversy surrounding the new court law is expected to intensify diplomatic and legal debate over accountability, occupation law, and the treatment of Palestinians within Israel’s judicial system as the conflict continues.