Knesset Constitution Committee Chairman Simcha Rothman (Religious Zionism) and Yulia Malinovsky (Yisrael Beiteinu) introduced a legislative proposal on Monday aimed at prosecuting the Nukhba terrorists involved in the October 7 Hamas massacre in the communities surrounding Gaza. This initiative, disclosed to Ynet, includes the establishment of a "special tribunal" for adjudicating genocide charges.
The bill emerges after their year-long efforts to prompt government action on prosecuting the perpetrators proved unfruitful, reportedly stalled by the Security Cabinet. The cabinet cited concerns that prosecuting the Nukhba terrorists might hinder negotiations for the return of the hostages and dealings with Hamas
It also is expected that some terrorists currently held in Israeli prisons may be exchanged and returned to Gaza and Hamas. Legal challenges also exist due to the difficulty in criminally linking specific terrorists to their crimes with the requisite precision.
Rothman and Malinovsky, representing both the coalition and opposition, began addressing the issue with urgency in the Constitution Committee immediately following the massacre. Rothman even formed a subcommittee last December, operating under secrecy, summoning Justice Minister Yariv Levin and Attorney General Gali Baharav-Miara for discussions. The primary focus was on legal challenges and whether to establish a special court for what could be seen as a "show trial" or to conduct proceedings in a district court setting.
Rothman stated that "Under this proposal, a 'specialized court' for genocide will be established, distinct from a court for special cases, with authority to adjudicate additional offenses related to acts of genocide." He noted that through amending the law it will initially be possible to criminally prosecute selected terrorists and detain any Nukhba terrorist following a brief administrative review.
Here are the main points of the bill:
- The events of October 7 will be defined as "genocide initiated by Hamas."
- Legislation will be based on the "Illegal Combatants Law" principle, defining the October 7 massacre as "genocide initiated by Hamas."
- A special administrative tribunal will be established to determine participation in the massacre using administrative evidence, which is easier to prove than regular criminal evidence.
- A prosecution committee, comprising representatives from the Ministers of Justice, Defense, and Foreign Affairs, will decide who among the group will face genocide charges.
- Anyone involved in planning, conspiring or inciting the massacre will be considered an illegal combatant. The terrorists will be classified into two groups: "Illegal Combatants Forever" and those charged with genocide according to the Genocide Prevention and Punishment Law.
- A special court will be established for genocide trials, equipped with a legal team and experts in adjudicating such offenses.
- The tribunal will adopt special procedures set by the Justice Minister, tailored to the unique characteristics of the October 7 genocide events, with considerations for protecting victims and their families, and will adjudicate on prosecuting this crime collectively or individually.
"All of Israel is waiting for justice. We cannot accept a reality where more than a year has passed without any perpetrators of the heinous massacre being prosecuted. This bill will create the most appropriate path for justice to be served and seen," Rothman said about the bill.
"The government had an entire year to deliberate and convene on prosecuting the terrorists involved in the October 7 massacre, yet, as with many other issues, correct decisions were not made, and the issue was not prioritized," Malinovsky added. "As a legislator, I feel it is our moral duty to the victims and families. This is a matter of national importance, an event of unprecedented scale. With all due respect to the Prime Minister, the government, the Minister of Justice, and the Attorney General, I have decided, together with Knesset Member Simcha Rothman, to advance and present our bill outlining the principles and foundations as we see the solutions."
Additionally, Ynet reported on another bill submitted by Rothman aimed at revoking the "standing right" of the Palestinian Authority and its affiliates. This law would prevent the Palestinian Authority from filing petitions to Israel's High Court or lawsuits in other Israeli courts. The proposed law, which amends the Basic Law: The Judiciary and revokes standing rights for those rewarding terror, has significant support from the right and some centrist factions.
The explanatory notes for the amendment state: "The purpose of the law is to correct a distortion whereby entities hostile to the State of Israel, including those who openly and directly act to harm its citizens through acts of terror, are considered to have standing in the High Court when petitioning against the policies of the Government of Israel."
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