The bill also proposes the establishment of a ministerial steering committee to coordinate the government’s preparations and prosecution policy for the October 7 case.
The Knesset’s Constitution, Law and Justice Committee on Tuesday approved the text of a bill that would establish a special military tribunal to prosecute Hamas’ Nuhba terrorists and their associates for crimes committed during the Oct. 7 attack, including genocide, war crimes and crimes against humanity, while barring their release in future hostage deals, according to a Knesset news release.
After passing the committee stage, the bill is expected to be submitted to the plenary session of parliament for a first reading and a vote in committee.
The proposed legislation, sponsored by committee chairman MK Simcha Rothman (Religious Zionist Party) and co-sponsored by MK Yulia Malinovsky (Yisrael Beytenu), would refer indictments to military tribunals established under emergency regulations, with panels led by retired district court judges serving as officers, and appeals heard by panels that may include retired Supreme Court judges. The verdict will be decided by a majority of the justices, and any death sentence will automatically be reviewed on appeal, even if the defendant does not seek the death penalty.
Investigate prosecutorial responsibility
At the center of Tuesday’s debate was a dispute over where prosecutorial responsibility should lie. A representative of the Military Advocate General, which oversees military prosecutions, warned that the IDF opposed subjecting proceedings to military liability. The representative believed that the prosecution of the perpetrators of the 7 October should be handled by Israel’s civilian justice system as a national task, while handing it over to the military would likely invite strong criticism from the international community and thus complicate the IDF’s operational role.
However, Rothman said the committee was moving forward with the court-martial model after studying civilian alternatives, adding that the final decision would be made at the political echelon and issues raised by defense officials would be resolved before the second and third readings of the bill.
The massacre that took place on October 7, 2023 left a house in Kibbutz Niel Oz devastated. (Image source: ISAFRIR ABAYOV/FLASH90)
As currently drafted, the law will apply to Hamas terrorists and accomplices accused of engaging in acts of terror, murder, rape, kidnapping and robbery between October 7 and 10, as well as subsequent crimes against hostages.
Proceedings generally follow civil rules of evidence and procedure, and courts have limited flexibility to deviate from these rules in special circumstances. Unless the court orders an end to proceedings, the hearing will be broadcast on a dedicated website. Individual meetings will be audiovisually recorded and preserved in the National Archives. Defendants will be able to choose a licensed Israeli attorney or solicitors from the West Bank.
The bill also proposes the creation of a ministerial steering committee, chaired by Prime Minister Benjamin Netanyahu and including the ministers of justice, defense and foreign affairs, to coordinate government preparations and prosecution policy for the Oct. 7 case.
One of the most controversial provisions — an explicit ban on the release of suspects, defendants or criminals involved in the Oct. 7 hostage deal — drew criticism even from lawmakers who had supported advancing the legislation.
Democratic lawmaker Gilad Kariv said the party’s support at this stage reflected the need to coordinate legislation in response to unprecedented events. However, he believed that restrictions on the government’s ability to negotiate hostage deals were inappropriate and should not be enshrined in the law, treating the matter as an executive prerogative involving life or death decisions.
Yesh Atid MK Yoav Segalovitz similarly made continued support conditional on full coordination between all relevant agencies, while stressing that he remained opposed to handing proceedings over to the military.
Rothman touted the cross-coalition coalition for the bill, with the committee vote including lawmakers from both the coalition and the opposition. The only dissent came from Hadash-Ta’al MK Ofer Cassif, who said the perpetrators of October 7 must be punished but warned against creating a tribunal that would bypass existing legal safeguards and exert undue political influence on the entire process.
Legislative progress delayed for months
The legislation went through many iterations amid long-running debates over the appropriate venue for prosecutions and the risks to hostages in the early stages of the war. Progress on the framework has reportedly been delayed for months, in part due to concerns about the impact on negotiations and international legitimacy.
The bill’s sponsors argue that the Oct. 7 attack must be characterized as a crime of international legal gravity – an approach they say is intended to strengthen Israel’s ability to hold people accountable and enable it to withstand scrutiny beyond its borders.
The committee is expected to return to the bill for further consideration ahead of second and third readings, including unresolved issues raised during the discussion such as staffing, victims’ rights provisions and budgetary implications.
Keshet Neev contributed to this report.
