Prosecution of Oct 7 Hamas terrorists is delayed due to dispute between Justice Minister & A-G

The State Prosecutor’s Office has succeeded in assembling evidence files against most of the terrorists imprisoned in Israel who took part in the Oct. 7, 2023, massacre, Kan Reshet Bet Radio reported Wednesday.

This comes despite serious concerns raised during the investigation that it would be difficult to obtain substantial evidentiary material against many of the perpetrators.

However, more than two years after Oct. 7, the ongoing conflict between the Justice Minister and the Attorney General is preventing the formation of policy regarding the prosecution of these terrorists. Sources familiar with the matter said that Justice Minister Levin refuses to meet with Attorney General Baharav-Miara even on this issue, and as a result, no decisions have yet been formulated.

These are fundamental issues, including the types of offenses and the courts in which the terrorists will be tried. A bill on the matter, submitted by Constitution Committee Chair MK Simcha Rothman (Religious Zionism) and MK Yulia Malinovsky (Yisrael Beitenu), has still not advanced and has not yet passed its first reading. Several Knesset members have even expressed concern that the Knesset may disperse before the bill is approved and before it becomes clear how the terrorists will be prosecuted.

According to the Prosecutor’s Office, the participation of the terrorists in the massacre can be proven by a solid body of evidence, and they are in advanced stages of analyzing the evidentiary basis. Additionally, draft indictments have already been prepared against participants in the massacre. This information comes from responses provided by the Justice Ministry to the Knesset’s Constitution Committee. Approximately 300 terrorists suspected of participating in the Oct. 7 massacre are imprisoned in Israel.

According to MK Malinovsky, the police and the Prosecutor’s Office have done remarkable work, collecting evidence and preparing draft indictments for which the death penalty could be applied under existing law in some cases. Malinovsky claims the process is stalled because of “petty politics.” She added that justice must be delivered for the victims, the families, and the entire people of Israel.

The Justice Minister’s office responded: “These claims are not true. Not only is the proposal not stuck, it is progressing well in the Constitution Committee, and we hope the discussions will conclude soon ahead of the first reading vote.”