Justice Minister Yariv Levin, Constitution Committee chairman MK Simcha Rothman, and MK Yulia Malinovsky (Yisrael Beytenu) held a press conference on Sunday evening ahead of the anticipated passage of the law to prosecute the perpetrators of the October 7 massacre.
The Knesset is expected to approve the bill in its second and third readings on Monday. According to the sponsors, the legislation enjoys broad bipartisan support, with 110 Members of Knesset from both the coalition and opposition expected to vote in favor.
The law defines the atrocities committed by Hamas and other terrorist organizations as crimes against the Jewish people, crimes against humanity, and war crimes.
Under the proposal, the terrorists will be tried in a special military court to be established in Jerusalem, which will be empowered to hand down death sentences. In cases where a death penalty is imposed, an automatic appeal process will be initiated in the Military Court of Appeals.
The jurisdiction of the law covers offenses committed between October 7 and October 10, 2023, as well as crimes committed against hostages subsequently held in captivity.
The legislation also stipulates that these terrorists will be ineligible for release in any future exchange deals. A specific reservation included in the bill states that anyone charged or convicted of crimes related to the massacre will be excluded from any prisoner release decisions - a clause expected to receive Knesset approval.
The military court will be authorized to try cases under various statutes, including the Counter-Terrorism Law, offenses against state sovereignty, and the Prevention of Genocide Law. The bench will consist of three judges, selected from sitting or retired judges and appointed by the President of Israel through a specialized mechanism defined by the law.
The appellate level will be presided over by a retired Supreme Court Justice, alongside a President or Vice President of a District Court and other judges with relevant legal expertise.
The Defense Minister, with the approval of the Justice Minister and the Constitution Committee, will be authorized to establish regulations regarding the execution of death sentences. Additionally, a dedicated system will be created to ensure the rights of victims, and proceedings will be documented and broadcast to the public via a specialized website.
Victims will be granted the right to view the proceedings from a separate gallery, and a special prosecution unit will be established under the leadership of the IDF Chief of Staff. The Defense Minister will also form a dedicated headquarters to prepare for the proceedings and lead an inter-ministerial steering committee to oversee the administrative implementation of the law.
Levin emphasized that the law provides full authority for capital punishment, stating, "This law establishes full authority for the death penalty. From the depths of the horrific massacre we have risen - for the memory of the murdered, for their families, for those wounded in body and soul, for the captives, and for the entire nation - to fulfill our supreme moral obligation: to bring the perpetrators of this ghastly slaughter to justice."
Malinovsky described the bill as the most significant milestone of her public career: "Remember what we all felt during those terrible days of Black October. Our heroic soldiers went out to defend our home with weapons; as legislators, we do not have rifles or grenades, but we have another weapon: legislation. Through our legislation, the State of Israel will hold those who harmed it fully accountable."
She added, "This law enjoys the broadest consensus seen here in years - a collaboration between opposition and coalition. All parties were involved, from the Justice Minister to the Attorney General. There is no politics here, only a unified duty as a nation to finally see justice served. This law is a legacy, and the trials of the October 7 terrorists will be studied in history books."
At the same, a coalition source criticized the bill, claiming it "returns power to the Attorney General" and could effectively prevent the execution of Hamas Nukhba terrorists who perpetrated the massacre.
According to the source, the law leaves the method of execution to future "regulations," which could lead to years of legal and bureaucratic foot-dragging. "Instead of a deterrent law, we received yet another cumbersome legal process," the source remarked.