Inside Israel’s Controversial Plan to Prosecute October 7 Terrorists

Israel’s Ministerial Committee on Legislation approved a bill today (Sunday) to establish a special court to expedite the prosecution of Hamas terrorists involved in the October 7, 2023, massacre, despite objections from Attorney General Gali Baharav-Miara, who warned it could undermine Israel’s international standing.

The proposed law would create a dedicated tribunal with authority to deviate from standard rules of evidence and procedure to handle cases tied to the attack, which killed over 1,200 people and involved widespread atrocities. The bill also allows for a special team, including representatives from the Justice, Defense, and Foreign Affairs ministries, to ensure indictments consider national security and diplomatic implications.

Baharav-Miara, through the Justice Ministry’s criminal division, argued that the bill “undermines fundamental principles of Israel’s legal system” and risks damaging the country’s global legitimacy. She cautioned that the proposed measures could affect Israel’s broader interests on the international stage, urging that any special arrangements be based on input from relevant government experts.

The legislation permits deviations from standard legal procedures to protect victims and their families, streamline multi-defendant cases, and reduce preliminary proceedings while ensuring public access to hearings. It also authorizes the military’s Chief of Staff to detain suspects believed to have participated in the attack, provided they can present their case to a senior officer.

Proponents of the bill argue that the unprecedented scale and severity of the October 7 crimes, described as including “crimes against humanity and acts resembling genocide,” necessitate a unique legal framework. The regular judicial system, they claim, is ill-equipped to handle the volume and complexity of the cases involving hundreds of perpetrators.

The bill now awaits further deliberation in the Knesset’s Constitution, Law, and Justice Committee, where Justice Minister regulations would require approval. Critics, including Baharav-Miara, warn that the law’s passage could complicate Israel’s efforts to maintain credibility in international legal and diplomatic arenas.