Israel to try Oct. 7 Hamas terrorists in special military tribunal amid debates over death penalty

Military Advocate General Itay Offir will oversee the cases under new legislation advancing in the Knesset, with indictments against more than 300 captured Nukhba terrorists already prepared, officials say

Attorney General Gali Baharav-Miara said Monday that the Military Advocate General’s Corps will oversee the prosecution of Hamas Nukhba terrorists accused of carrying out the Oct. 7 massacre, instead of the State Attorney’s Office.

The decision comes as legislation regulating the prosecution of the terrorists advances in the Knesset and was approved by the Constitution, Law and Justice Committee for a first reading.

In a statement, Baharav-Miara said the decision was made following a meeting with State Attorney Amit Aisman and Military Advocate General Itay Offir. In light of the bill being promoted in the Knesset and the legislature’s directive that proceedings be conducted in a military court, it was decided the cases would be managed by the Military Advocate General’s prosecution before a special military court to be established for that purpose, she said.

An unprecedented investigation in scope, unlike anything seen in Israel and in the world.

“All relevant authorities will continue to cooperate in handling the case and act to bring the terrorists to justice,” she said.

The bill, initiated by lawmakers Simcha Rothman of the Religious Zionism party and Yulia Malinovsky of Yisrael Beitenu, was approved for a first reading at the end of December after Prime Minister Benjamin Netanyahu gave his backing.

Weeks before the decision, Southern District Attorney Erez Padan said prosecutors overseeing the investigations of more than 300 Nukhba terrorists had completed preparing indictments. He said that over two years authorities worked intensively with police and the Shin Bet security service to advance the prosecution of all those who took part in the massacre and were captured and detained.

“This is an unprecedented investigation in scope, unlike anything seen in Israel and, I believe, in the world,” Padan said. He said suspects were captured in three waves: on Oct. 7, in the days that followed during efforts to clear the area, and during the ground maneuver, which he said is ongoing. Dozens of massacre and destruction scenes were investigated, he added.

How the process will work

The legislation seeks to regulate the prosecution of Hamas terrorists and their accomplices who carried out acts of war, murder, rape, kidnapping and looting from Oct. 7 through Oct. 10, as well as those who committed offenses against hostages afterward.

Under the proposal, indictments will be filed in a special military court established under Defense Regulations. Charges could include genocide, harming the sovereignty or territorial integrity of the state, initiating war, aiding the enemy in wartime, offenses under the Counterterrorism Law and murder.

The court will sit in panels headed by a presiding judge who is a retired district court judge serving as a military officer, alongside two additional members who are officers qualified to be appointed as district court judges with criminal law expertise.

Appeals may be heard before a panel headed by a retired Supreme Court justice, a retired district court president or the president of the Military Court of Appeals, along with two retired district court judges. Decisions will be made by majority vote.

In cases where a death sentence is imposed and no appeal is filed by the defendant, an automatic appeal will be considered as having been submitted.

Unlike other military courts, the chief of staff will not be required to confirm the verdict and will have no authority to intervene in rulings or sentences.

Proceedings will follow the rules of procedure and evidence applied in courts operating under the Courts Law, though the court may deviate from them if it determines, with reasons recorded, that doing so is necessary and does not substantially harm the fairness of the proceedings.

Hearings will be broadcast on a dedicated website unless held behind closed doors or if the court orders otherwise for recorded reasons. All proceedings will be audiovisually documented and preserved in the state archives. Defendants will be entitled to choose qualified defense attorneys from Israel or from the West Bank.

The proposal also calls for establishing a ministerial steering committee to coordinate government preparations for prosecuting participants in the Oct. 7 massacre and to formulate government policy on the matter. The committee would be chaired by Netanyahu and include Justice Minister Yariv Levin, Defense Minister Israel Katz and Foreign Minister Gideon Sa’ar.

Source: ynetnews.com, Staff, February 17, 2026

"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde

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