Hamas Nukhba Force terrorists who were captured on October 7 seen in a jail cell at a prison in central Israel, March 4, 2025. (Chaim Goldberg/Flash90)
The plan, long in discussion, is being revived now that all living hostages have been returned from Gaza.
By Vered Weiss, World Israel News
Israel is preparing to establish a special tribunal to prosecute nearly 300 Hamas terrorists from the Nukhba Force who were captured during the October 7 massacre, according to a report by KAN News
Justice Minister Yariv Levin said he intends to advance legislation drafted by Knesset members Simcha Rothman of the Religious Zionist Party and Yulia Malinovsky of Yisrael Beytenu.
The proposal would create a dedicated court system to handle the Nukhba cases, focusing on crimes committed during the Hamas attack that left more than a thousand Israelis dead.
According to classified documents cited by KAN, the new court will be composed of judges who have retired or are close to retirement.
An oversight committee—consisting of Levin, Foreign Minister Gideon Sa’ar, and Defense Minister Israel Katz—will supervise policy issues related to the trials but will not intervene in individual cases.
Justice Ministry officials have debated what charges can be applied. While some legal experts favor pursuing genocide charges, others argue that not all defendants meet that standard.
Alternative indictments may include aiding the enemy in wartime or violating Israeli sovereignty.
The State Attorney’s Office is expected to make decisions on prosecutions in the coming weeks. Those convicted will have the right to appeal under the same tribunal framework.
Discussions were also held on whether to extend detention under Israel’s Incarceration of Unlawful Combatants Law, allowing indefinite imprisonment of Nukhba operatives. Legal complications led to that idea being shelved.
A classified exchange between Levin and Attorney-General Gali Baharav-Miara reportedly revealed disagreements within the Justice Ministry.
Levin declined a direct meeting, calling it unnecessary, leaving ministry staff and lawmakers to coordinate implementation details.
Questions remain about how the tribunal will operate, including the rules of evidence and special procedures that will apply.
Justice Ministry sources told KAN that consensus has formed around the need for unique regulations given the scale and nature of the crimes.
The creation of the tribunal marks a significant legal step as Israel seeks to hold the perpetrators of the October 7 massacre accountable.
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