Israeli lawmakers have unveiled new legislation to establish a dedicated court system for Hamas terrorists involved in the October 7 attack, with provisions that would even allow capital punishment in certain cases.
The proposed legislation was introduced by Constitution Committee Chairman Simcha Rothman and MK Yulia Malinovsky, and creates a comprehensive judicial framework including a special tribunal of up to 15 judges. Cases would be heard by panels of three to five judges, with eligibility extended to Supreme Court-qualified jurists and international legal experts. Court proceedings would be designed for global accessibility and transparency.
The prosecution committee would consist of 3 members, which would be representatives from the Justice, Defense, and Foreign ministries. It would have authority to indict anyone who participated in the October 7 attacks.
The bill introduces a new designation– that of 'special unlawful combatant'. This allows extended detention for both direct and indirect participants in the attacks, including those involved in execution, planning, conspiracy, or incitement. This designation would permit detention even without proof of immediate security threat.
More than a year after the attack, no trials have been held for October 7 perpetrators, even though multiple investigations are near completion. The reason for this delay is two-fold: Complex international considerations and potential implications for hostage negotiations.
The legislation addresses the unprecedented scale of the crimes. MK Malinovsky, who has held multiple consultations with Justice Minister Yariv Levin, explained, "This is not merely a legal matter but a national imperative. We need to address it with absolute integrity, and while this proposal serves as an initial framework, we are committed to completing the legislation during this Knesset session."
The bill is expected to pass during the current Knesset session, and will mark a significant shift in Israel's approach to prosecuting terrorism cases.
Walla contributed to this article.
