With hostages back home, Israel moves to fast-track tribunal for Hamas terrorists involved in October 7 massacre

Justice Minister Yariv Levin and senior lawmakers push legislation enabling prosecution, and possible death sentences, for captured Nukhba terrorists, as officials warn of legal and diplomatic complexities surrounding unprecedented effort

Senior lawmakers said Thursday they would fast-track legislation to prosecute Hamas terrorists involved in the Oct. 7 massacre, potentially including the death penalty for those convicted of murder.
Justice Minister Yariv Levin, Knesset Constitution Committee Chair Simcha Rothman and MK Yulia Malinovsky issued a joint statement pledging to promote the measure “at maximum speed,” aiming to bring captured members of Hamas’ elite Nukhba unit to trial. Levin said that “in appropriate cases,” capital punishment would be considered.
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מחבלי נוח'בה במעצר
מחבלי נוח'בה במעצר
Members of Hamas’ elite Nukhba unit in Israeli prison
(Photo: Israel Prison Service)
The move comes amid growing pressure to prosecute approximately 250 Hamas operatives captured following the Oct. 7 attack, which killed roughly 1,200 people and saw hundreds more abducted into Gaza. However, the decision on whether to proceed with trials will ultimately rest with Prime Minister Benjamin Netanyahu, in consultation with the Shin Bet security agency and National Security Council, who must weigh the legal, security and diplomatic ramifications.
Some Nukhba members are suspected of rape and particularly brutal killings. Israeli officials have expressed concern that high-profile trials could become legal battlegrounds exploited by international defense teams to accuse Israel of war crimes.
The lawmakers said that since the October 7 assault, an unprecedented investigative effort had been launched involving the State Attorney’s Office, Israel Police and Shin Bet. Thousands of hours of video footage and witness testimony were gathered, leading to the preparation of detailed indictments and possible legal paths forward.
They noted that due to the large number of detainees and the complexity of their cases, several legal amendments would be required to ensure that the proceedings are both efficient and legally sound.
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יריב לוין, יוליה מלינובסקי, שמחה רוטמן
יריב לוין, יוליה מלינובסקי, שמחה רוטמן
Knesset Constitution Committee Chair Simcha Rothman, MK Yulia Malinovsky, Justice Minister Yariv Levin
(Photo: Yair Sagi, Yoav Dudkevitch, Amit Shabi)
As all living hostages have been returned to Israel, the lawmakers said they would present the proposed legislation to both coalition and opposition members, with committee discussions already underway ahead of the Knesset’s winter session next week.
In April, the Southern District Attorney’s Office finalized indictments against 22 Hamas members accused of participating in the attack on Kibbutz Nir Oz. The indictments were based on newly obtained intelligence from Shin Bet and military sources in Gaza. Officials have described the broader effort to prosecute Hamas terrorists as unprecedented in scope, with nine new legislative proposals already under review by the Attorney General’s Office.
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