Israel to establish special tribunal to prosecute Hamas Nukhba terrorists for October 7 massacre
An oversight committee will also be formed to discuss terrorist trial policy, but it will be prohibited from discussing specific cases.
A special court will be created to try the nearly 300 terrorists from Hamas’s Nukhba force imprisoned by Israel for their participation in the October 7 massacre, Israeli public channel KAN News reported Thursday evening.
Although discussions on the issue were suspended while there were still live hostages held in Gaza, KAN explained, Justice Minister Yariv Levin announced that he planned to quickly advance the bill presented by MKs Simcha Rothman (Religious Zionist Party) and Yulia Malinovsky (Yisrael Beytenu) now that all the living hostages have returned.
Additionally, the State Attorney’s Office is seeking to make a decision on prosecutions in the coming weeks, the report said.
According to the classified document outlining the court’s initial framework, KAN noted, the judges will either be those who have already retired or those who are about to retire.
An oversight committee consisting of Levin, Foreign Minister Gideon Saar and Defense Minister Israel Katz will also be formed to discuss the policy of terrorist trials, but will be barred from discussing specific cases.
Hamas Nukhba Force terrorists captured in the October 7 massacre seen in a cell at a prison in central Israel, where high-risk Hamas and Hezbollah prisoners captured in recent wars are held, March 4, 2025. (credit: CHAIM GOLDBERG/FLASH90)
Department of Justice: Not all terrorists can be charged with genocide
The Justice Ministry believes that not all Nukhba terrorists can be charged with genocide and has already discussed other charges for which they could be tried, according to KAN, such as “aiding the enemy in times of war” or “violation of sovereignty.”
The terrorists will also be able to appeal to the court, according to KAN.
Extending the length of detention under Israel’s law on the incarceration of illegal fighters was also discussed to allow the Israeli Prison Service to imprison them indefinitely, but was rejected due to legal difficulties, KAN reported.
However, Justice Department officials sent reservations to Levin in a classified document along with a request for a meeting between him and Attorney General Gali Baharav-Miara. Levin declined the meeting, saying it was unnecessary, the report added.
This limited direct contact with ministry officials and MPs who initiated the bill, with Levin only contacted indirectly, the report continued.
The results of these contacts include an agreement to create a special court for this issue, which will be composed of judges who are already retired or about to retire, KAN added.
Some decisions regarding the prosecution of the Nukhba terrorists have not been made, including the lack of agreement on the possibility of prosecuting the terrorists for regular offenses within the framework of the special court, KAN noted.
Also under discussion are ongoing concerns about the special rules of procedure and evidence that will apply before the special court. However, Justice Department officials agree that special rules and procedures are needed.
