
Next week, the Knesset's Constitution Committee is expected to vote on a new bill led by MK Bezalel Smotrich (Religious Zionism) and MK Yulia Malinovsky (Yisrael Beytenu), which will allow for the prosecution of the perpetrators of the October 7 massacre before a special military court.
The purpose of the bill, as written in the proposal, is "to regulate the prosecution of those responsible for acts of hostility, murder, rape, kidnapping, and looting committed as part of the deadly terrorist attack by the Hamas terrorist organization and its partners."
According to the proposal, indictments will be submitted to special military courts, which will be headed by a retired district court judge alongside two other officers qualified to judge at the district level.
The court will have the authority to rule on severe offenses under the Penal Code, the Genocide Prevention Act, and the Counter-Terrorism Act.
Unlike existing military law, sentences - including death sentences - will not require the approval of the Chief of Staff. The proposal also stipulates that those convicted under this law will not be included in prisoner release deals.
Additionally, the law mandates that hearings be visually and audibly recorded and broadcast on a dedicated website that will be established for this purpose, unless a closed-door session is decided upon.
It is also stated that the accused will have legal representation, but the state will not fund the representation, in accordance with the proposed amendment to the "Prevention of Funding Legal Representation for Those Suspected of Security Offenses" law.
Moreover, an inter-ministerial steering committee will be established, headed by the Prime Minister and including the Ministers of Justice, Defense, and Foreign Affairs, to formulate policy and coordinate resources for the prosecution of those involved in the attacks.
