October 7 genocide: MKs submit bill for prosecution of Hamas Nukhba terrorists

A new bill submitted by the Chair of the Constitution Committee, Religious Zionist Party MK Simcha Rothman, and Yisrael Beytenu MK Yulia Malinovsky will define the October 7 massacre carried out by Hamas as genocide. 

By defining the October 7 massacre carried out by Hamas and other entities against the Jewish people and the State of Israel as genocide, it will fall under specific definitions and special conditions. The bill also set special conditions for the imprisonment and prosecution of terrorists who participated in the October 7 massacre. 

This step has been previously avoided due to legal challenges and possible international ramifications.

The proposal states, "The complexity of the events, their unprecedented scale, and the unique nature of the crimes committed requires a unique legal approach. The regular judicial system is not equipped to handle such a scale of severe crimes carried out simultaneously by hundreds of perpetrators." It further states that "the unique nature of these crimes" necessitates "expertise and a distinctive legal approach."

The bill proposed by Rothman and Malinovsky stipulates that Nukhba terrorists will be designated as "special unlawful combatants," enabling the prolonged detention of anyone who was directly or indirectly involved in the massacre— be it through its execution, planning, conspiracy, or incitement — even if the terrorist does not currently pose an immediate threat.

Additionally, a Prosecution Committee will be established, consisting of three members: a representative of the Justice Minister, a representative of the Defense Minister, and a representative of the Foreign Minister. The three members will have the authority to order the filing of an indictment against anyone who participated in the October 7 massacre. 

Further, the indictment will be submitted to a special court that will be established, comprising up to 15 judges. Eligible to serve in this court will be individuals qualified to serve as Supreme Court justices or legal experts who are not Israeli citizens or residents whom the Justice Minister, in consultation with the Foreign Minister, has determined possess the appropriate knowledge and experience for the role.

The proposed law stipulates that the special court will convene with a panel of three judges and in proceedings where multiple defendants are charged under a single indictment, with five judges. The court will also have the authority to impose the death penalty in certain clear-cut cases.

According to the proposal, the Justice Minister will establish regulations, with the approval of the Constitution Committee, regarding procedures and rules of evidence in proceedings before the special court. 

A 'swift and effective legal response'

This will consider, among other things, "the need to protect victims and their families, to facilitate the hearing of evidence in cases with multiple defendants, to minimize interim and preliminary procedures, to ensure the transparency of the proceedings and make them accessible to various audiences domestically and internationally, and to conduct the proceedings efficiently in order to achieve justice."

Rothman and Malinovsky wrote in their proposal that it is intended "to provide an appropriate, swift, and effective legal response to the events of October 7 while upholding principles of justice and international law."

"The proposed mechanism balances the need for quick and efficient handling with the protection of defendants' rights, allowing the State of Israel to adequately address the unique legal challenges presented by these events."

MK Malinovsky, one of the proposal’s initiators, recently met twice with Justice Minister Yariv Levin and intends to meet with officials from the State Attorney's Office and the judicial system. 

"This is a national, not a legal, event. It will require all of us to set everything aside and address it with clean hands. This proposal serves as an initial framework and a statement of intent, and it may change further. The aim is to complete the legislation within the current Knesset session," she claimed.