Knesset Constitution, Law and Justice Committee Chairman MK Simcha Rothman (the Religious Zionist Party) and MK Yulia Malinovsky (Yisrael Beytenu) are set to introduce a bill after the High Holidays to enable the prosecution of those responsible for the October 7, 2023 massacre in the Gaza border communities, Ynet learned on Monday.
Despite efforts over the past year to push the government toward legal action via Attorney General Gali Baharav-Miara, progress has been stalled. The Security Cabinet has reportedly delayed prosecutions, citing concerns that legal action could hinder ongoing negotiations for the return of hostages held by Hamas and impact their treatment.
Additionally, the Cabinet is evaluating the possibility that some captured terrorists may be released in a future prisoner exchange, complicating the legal process. There are also legal challenges in securing enough evidence to tie specific perpetrators to individual crimes in the level of detail required by criminal courts.
Rothman and Malinovsky, from both sides of the political aisle, have been working through the Constitution Committee to address these issues since the massacre, with Rothman forming a secretive subcommittee last December to explore legal pathways. This subcommittee, which included Justice Minister Yariv Levin and Attorney General Baharav-Miara, debated the establishment of a specialized tribunal versus utilizing the district court system.
Under the proposed law, a "specialized court for genocide" would be created to focus specifically on the events of October 7, which will be classified as "genocide acts initiated by Hamas." The court will have the authority to prosecute those involved in the planning, incitement, or execution of the massacre.
The bill would also establish an administrative tribunal to determine terrorist participation in the massacre based on administrative evidence, allowing for the designation of perpetrators as unlawful combatants. A prosecution committee, including representatives from the Ministries of Justice, Defense, and Foreign Affairs, would oversee who among the group will face genocide charges under the Genocide Convention.
"The government had a whole year to prepare for prosecuting those involved, but failed to make it a priority," MK Malinovsky said, stressing the moral duty to the victims and their families.
Rothman added that the new court would provide the legal framework needed to deliver justice for the unprecedented October 7 massacre.