Death Penalty Tribunals Proposed for Hamas Terrorists Behind October 7 Massacre

Israel’s Ministerial Committee for Legislation has approved a ground-breaking bill to establish special tribunals to prosecute Hamas-led terrorists involved in the October 7, 2023, massacre, potentially subjecting them to the death penalty under Israel’s 1950 genocide prevention law, as reported by The Jerusalem Post. Proposed by Religious Zionism MK Simcha Rothman and Yisrael Beytenu MK Yulia Malinovsky, the legislation aims to address the lack of indictments against hundreds of captured terrorists nearly 19 months after the attack, which killed 1,200 and saw 251 taken hostage. The bill, now headed to the Knesset for further readings, has sparked debate over its legal and international implications.

The proposed law would create a 15-judge tribunal to handle terrorism cases involving genocide charges, with panels of three to five judges based on case complexity. Judges must be qualified for Israel’s High Court or, if foreign nationals, approved by the justice and foreign ministries for their expertise. MK Rothman criticized the current legal framework, stating, “When it comes to Nukhba terrorists, Israel’s mindset predates October 7. Current legal tools are inadequate for addressing genocide and mass murder.” He argued that applying standard criminal law undermines justice, noting, “Not a single indictment has been filed.”

The Attorney General’s office, led by Gali Baharav-Miara, opposes the bill, arguing it violates Israel’s criminal law principles and risks undermining the international legitimacy of existing legal actions against October 7 perpetrators. Prosecutors have prepared charge sheets against 22 terrorists from Kibbutz Nir Oz, part of a planned mega-indictment targeting hundreds. The bill follows recent laws strengthening protections around October 7 memory, including criminalizing massacre denial and barring entry to those minimizing Hamas’s atrocities.

The legislation reflects Israel’s push for accountability amid ongoing security challenges, including heightened embassy security after the May 21, 2025, shooting in Washington, D.C. that left 2 Israelis dead. If passed, the tribunals could mark a historic shift in prosecuting terrorism, though critics warn of potential diplomatic repercussions.