Israel names chief prosecutor as it prepares to try over 400 Hamas terrorists for Oct. 7

Israel is preparing for one of the most complex legal undertakings in its history: prosecuting hundreds of Hamas “Nukhba” (“Elite” in Arabic) Force terrorists accused of participating in the Oct. 7, 2023 terror attack.

More than 400 suspects are expected to face indictments following ongoing investigations by the IDF and Shin Bet, although the exact number in custody has not been publicly disclosed. The cases are expected to involve enormous volumes of evidence, including footage of atrocities filmed by the attackers themselves, witness testimony, victims’ accounts and other investigative materials.

Former chief military prosecutor Zana Modzgvrishvili has been appointed to lead the prosecution team as a civilian IDF employee. She served in the IDF for 22 years, including four years as chief military prosecutor, before retiring in 2013 and taking a position in the Justice Ministry examining complaints against Shin Bet interrogators.

The legal framework for the proceedings, established in May, draws comparisons with Israel’s 1961 trial of Nazi war criminal Adolf Eichmann. The legislation covers alleged crimes committed between Oct. 7 and Oct. 10, 2023, including murder, rape, kidnapping and looting, as well as crimes committed against hostages held in the Gaza Strip. It classifies the offenses under categories including crimes against the Jewish people, crimes against humanity and war crimes, and allows the death penalty for certain offenses.

The law includes a provision authorizing the courts to impose the death penalty for many of these offenses, particularly murder, as well as rape under certain circumstances.

Hundreds of suspects are expected to stand trial in separate proceedings covering atrocities committed at various locations, including Kibbutz Be’eri, Kibbutz Nir Oz and the Nova music festival, near Kibbutz Re'im.

Modzgvrishvili will lead a prosecution team tasked with compiling enormous volumes of evidence for the legal and historical record, including footage of atrocities filmed and posted online by the terrorists themselves, witness testimony, victims’ accounts and other investigative materials.

Tremendous pressure is expected from victims’ families and an Israeli public still deeply traumatized by the Oct. 7 attack. International legal experts are also expected to scrutinize the proceedings. Many have announced plans to observe the trials, and some have already raised objections and questioned their legitimacy.

The trials will take place in Jerusalem, with extensive use of remote video technology to allow suspects and witnesses to participate safely without being transported from prison to the courtroom, according to security officials. Victims’ family members will reportedly be able to watch the proceedings remotely.

Those convicted will reportedly receive an automatic appeal, with a retired Supreme Court justice presiding over the appellate panel.