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The prosecution prepared indictments against 22 Hamas terrorists from the elite Nukhba force, who took part in the massacre at Kibbutz Nir Oz on October 7. The charges were made possible after new evidence was obtained by the military intelligence and the Shin Bet in the Gaza Strip.
Much of the evidence, the many documents and visual material obtained during the expanded offensive on Gaza before the ceasefire came into effect, was found on computers in the Strip. Since then, IDF intelligence and Shin Bet have been scouring the mountains of material and providing the police with the evidence gathered.
A source in the police said that the Shin Bet was able to advise the force that once they had access to certain areas in Gaza, they would be able to provide the evidence needed to proceed. "I can't think of any case in the past that was thus affected by the advances of the troops in the fighting," the source said.
The United States also assisted in the efforts and Israeli law enforcement requested that the Americans hold off on indictments on their part, to first allow Israel to press charges. The same charge will be made against all of the hundreds of terrorists captured, making the proceedings a historic event.
According to a source familiar with the details, U.S. involvement in the investigations into the massacre was more extensive. American law enforcement has been conducting its own probe into the events and was ready to press charges
The efforts to prepare the indictments were unprecedented in their scope. Ynet has learned that the prosecution had urged Attorney-General Gali Baharav-Miara to advance nine legislative proposals for proceedings against Nukhbah terrorists, including laws that would allow the trials to proceed with defendants present via Zoom or cases where terrorists charged and their lawyers would not be present at all.
Another proposed law relates to the legal defense for the terrorists after the Public Defender's office said it had indicated to the attorney general that there was no desire to represent the captured Nukhba terrorists.
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The prosecution also requested an amendment to the law to allow victims of the Hamas crimes to provide a written statement and be excused from testifying in court. Some victims were fearful of cross-examination by lawyers defending the perpetrators of the atrocities, while others have indicated that they would prefer to take the stand.
There are 300 terrorists who took part in the massacre in a variety of capacities who are currently held by Israel. Some were captured in Israel on or around October 7 and others were detained in Gaza during the fighting.
According to the government, these terrorists would not be included in any exchange that would be agreed in a hostage release deal and are to be put on trial.