Israel advances bill to prosecute Oct 7 terrorists on genocide charges

The Ministerial Committee for Legislation approved a bill on Sunday that seeks to prosecute Hamas Oct. 7 terrorists on charges of genocide against the Jewish state.

The proposed legislation calls for the creation of a special court with 15 judges who would be tasked with handling criminal trials for individuals facing such charges. The new bill calls for the death penalty as the maximum sentence for those convicted of genocide.

The bill was jointly initiated by lawmaker Simcha Rothman, from the Religious Zionism party, and the lawmaker Yulia Malinovsky of the Yisrael Beytenu opposition party. The bill is expected to advance to the Knesset for approval.

The two lawmakers argued that Israel’s current legal tools are insufficient for addressing the crimes against humanity committed by terrorists on Oct. 7, 2023.

“When it comes to the Nukhba terrorists, from a legal standpoint, the State of Israel remains stuck in a mindset that predates October 7. The current legal tools are inadequate and irrelevant for addressing an act of genocide and mass murder,” Rothman stated.

“Anyone trying to force this into the framework of regular criminal law is destroying the entire legal process. As proof, up until now, not even a single indictment has been filed. That’s why we must fundamentally change the legal structure,” he added.

The new bill is calling for a special court with the authority to “deviate from established evidentiary and procedural rules, while taking into account, among other things, the need to protect victims of the crime and their families, to ease the hearing of evidence in multi-defendant proceedings, to reduce intermediate and preliminary procedures, to ensure the public nature of the proceedings and make them accessible to various target audiences in Israel and around the world, and to conduct proceedings efficiently, in order to achieve justice.”

The bill stresses the complexity and severity of the Oct. 7 crimes.

“The complexity of the events [on October 7], their unprecedented scale, and the unique nature of the crimes committed require a distinct legal response. The conventional legal system is not equipped to handle crimes of such magnitude, which were carried out simultaneously by hundreds of perpetrators. Moreover, the special nature of these crimes – including crimes against humanity and acts amounting to genocide – necessitates expertise and a unique legal approach,” the bill states.

The proposed law also seeks to prevent future attacks against the Jewish people in Israel.

“Additionally, there is an urgent need for swift and effective action on this issue, both in terms of deterrence and ensuring justice for the victims and their families.”

“In light of this, a proposal is made to establish a special and separate legal mechanism tailored to address genocide-related crimes, specifically regarding the events of October 7 that amount to such offenses,” it added.

In October 2024, Rothman and Malinovsky revealed their intention to present a bill to prosecute terrorists who committed the massacre and other atrocities against Israeli civilians and foreign nationals during the attack in 2023.

Malinovsky criticized the Netanyahu government at the time for failing to the prioritize prosecution of war crimes against Israelis.

"The government had a whole year to prepare for prosecuting those involved, but failed to make it a priority," she said.

However, the bill is now being challenged by lawyers from the Attorney General’s Office.

“The investigation of the terrorists involved in the events of October 7 is in advanced stages and is being handled as a top priority by law enforcement authorities. The proposal undermines the independence of law enforcement agencies and could harm the international legitimacy of the procedures being carried out – and those that will be carried out – by the State of Israel. Additionally, it may affect Israel’s broader interests in the international arena,” the Israeli lawyers responded.