In the bill, there is also a proposal to form a ministerial steering committee to coordinate the government’s preparation and prosecution policy for the October 7 case.
The Knesset’s Constitution, Law and Justice Committee on Tuesday approved the text of a bill to establish a special military tribunal to prosecute Hamas’ Nukba terrorists and those involved in the October 7 attacks, including genocide, war crimes and crimes against humanity.
After clearing the committee stage, the bill is expected to be brought to the Knesset plenum for first reading, subject to redo in committee.
The proposed law, initiated by committee chairman MK Simcha Rothman (Religious Zionist Party) and co-sponsored by MK Yulia Malinovsky (Israel Betenu), would send indictments to military courts established under emergency regulations, with panels headed by retired district court judges, heard by Supreme Court officials, and including Supreme Court justices. Decisions will be made by a majority of judges, and any death sentence will automatically be reviewed on appeal, even if the defendant does not file one.
Keeping prosecutorial responsibility
At the heart of Tuesday’s debate was a dispute over where prosecutorial responsibility should lie. A representative of the military attorney general’s corps, which oversees military prosecutions, warned that the IDF opposes action under military responsibility. The representative argued that the prosecution of the October 7 perpetrators should be handled by Israel’s civilian justice system as a national task, and that shifting it to the military could lead to intense international criticism that would complicate the IDF’s operational role.
Rothman, however, indicated that the committee is moving forward with the military-court model after examining civilian options, saying that final decisions will be made by political parties and that issues raised by defense officials will be addressed before the bill’s second and third readings.
October 7, 2023, Destruction inside the house at Kibbutz Nir Oz from the massacre. (Credit: ISAFRIR ABAYOV/FLASH90)
Under the current draft, the law would also apply to crimes committed between October 7 and October 10 against Hamas terrorists and associates and hostages accused of taking part in terror, murder, rape, kidnapping and looting.
Proceedings generally follow the civil rules of evidence and procedure, with limited flexibility for the court to depart from them in exceptional circumstances. The hearings will be broadcast on a dedicated website until the court orders the closure of the proceedings. Individual sessions will be audio-visually documented and preserved in the state archives. Defendants will be able to select an Israeli attorney or attorneys licensed from the West Bank.
The bill proposes to establish a ministerial steering committee chaired by Prime Minister Benjamin Netanyahu, including the ministers of justice, defense and foreign affairs, to coordinate government preparation and prosecution policy for the cases on October 7.
One of the most controversial provisions — an express ban on releasing Oct. 7 suspects, defendants, or those convicted in hostage deals — drew criticism even among lawmakers who supported moving the law forward.
Democrat MK Gilad Kariv said his party’s support at this stage reflected the need for coordinated legislation in response to the unprecedented event. However, he argued that restricting the government’s ability to negotiate hostage agreements was inappropriate and that the matter should not be framed as an executive prerogative involving life-and-death decisions.
Yesh Atid MK Yoav Segalovitz also conditioned continued support on full coordination between all relevant agencies and emphasized his opposition to putting the operation in the hands of the military.
Rothman emphasized cross-coalition alignment around the bill, with committee votes including MPs from coalition and opposition factions. The only dissent came from Hadash-Ta’al MK Ofer Cassif, who said the Oct. 7 perpetrators should be sentenced but warned against what he described as a tribunal that would bypass existing legal safeguards and give too much political influence to the process.
Legislation has been delayed for months
The law has gone through several iterations amid long debates over the proper forum for prosecution and the risks posed to hostages in the early stages of war. According to reports, due to concerns about the implications for negotiations and international legitimacy, progress on the framework was delayed for months.
The bill’s sponsors have argued that the Oct. 7 attack should be outlawed as a crime of international legal gravity — an approach they say is meant to strengthen Israel’s ability to pursue accountability in a way that can withstand scrutiny beyond its borders.
The committee is expected to return to the bill for further discussion before its second and third readings, including unresolved questions such as staffing, victims’ rights provisions and budgetary implications raised during deliberations.
Keshet Neev contributed to this report.
