Bill proposes trying Oct. 7 terrorists on charges of genocide

The bill’s preamble describes the crimes of October 7 as “unprecedented scale, and the unique nature of the crimes committed requires a distinct legal response.”

By Vered Weiss, World Israel News

A Knesset ministerial committee has approved a proposed bill calling for the establishment of special courts to try terrorists who participated in the Oct. 7 massacre for genocide.

Religious Zionism MK Simcha Rothman and Yisrael Beytenu chairman MK Yulia Malinovsky proposed the bill, which received initial approval from the Ministerial Committee for Legislation on Sunday and is headed to the Knesset.

The bill’s preamble expresses the need to establish the new court, describing the Oct. 7 crimes as “unprecedented in scale,” and stating the “unique nature of the crimes committed requires a distinct legal response.”

The bill would require the appointment of 15 judges to handle trials for terrorists on charges related to genocide.

Although this category has existed since 1950, the designation would specifically include the perpetrators of the Oct. 7 attack.

If found guilty of genocide, those convicted could be sentenced to death.

Although the bill does not explain the process for appointing judges, they must already qualify as High Court judges or, if foreign citizens, be confirmed by the foreign and justice ministries as having the “necessary skills and experience.”

The bill also requires the establishment of a “diplomatic steering committee” consisting of representatives of the justice and foreign ministries. This committee would be responsible for determining which cases to prosecute.

The committee must consider “the security of the State of Israel and its foreign relations, the circumstances of the offense, the rights of the victims, and the public interest.”

The court could also depart from traditional evidentiary and procedural rules. In doing so, it may consider factors such as protecting victims and their families, facilitating the presentation of evidence in cases involving multiple defendants, streamlining preliminary and intermediate steps, ensuring the proceedings remain public and accessible to diverse audiences both in Israel and internationally, and promoting the efficient administration of justice.