More than two years after the devastating Hamas assault on Israeli territory, leading Israeli decision-makers are exploring plans for a dedicated court system that would bring perpetrators of the October 7 massacre exclusively before military judges. The potential tribunal model is intended to provide a suitable legal response to the horrors of the attack.
The discussions on this project are taking place between the Defense Minister and the Justice Minister in close coordination with senior military and legal officials.
Background and approach of the military tribunal
Defense Minister Israel Katz and Justice Minister Yariv Levin met last week with senior representatives from the military and the Justice Ministry to discuss the creation of a military tribunal aimed at prosecuting Hamas terrorists, particularly those belonging to the elite “Nukhba” unit. The goal of the talks is to establish a legal framework that can hold accountable those responsible for the October 7, 2023 massacre, in which approximately 1,200 people were killed and 251 others were taken hostage to Gaza.
The proposal envisions the military tribunal specifically indicting those directly involved in carrying out or planning the attack. The meeting addressed the legal, operational, and international issues associated with such an institution. This includes drafting charges, defining procedural rules, and clarifying how sentences could be enforced. Katz emphasized that Israel is determined to come down hard on the perpetrators of the massacre and make clear that attacks on civilians will not go unpunished.
The concept of a military tribunal is not entirely new. Previously, Israeli media and political circles have discussed special trials to prosecute hundreds of detained Hamas terrorists involved in the attacks. Initiatives and legislative proposals providing for the judicial prosecution of Nukhba members have been debated multiple times and supported by the Knesset’s Constitution, Law, and Justice Committee. A joint draft aims to legally regulate not only the trials but also the composition and oversight of such a tribunal.
Legal, political, and human dimensions
The idea of a military tribunal raises complex legal and political questions. Traditionally, acts of war in Israel are handled either by military or civilian courts, often taking international legal principles into account, especially when it involves crimes against civilians. The expectation of bringing October 7 perpetrators before a special court is closely tied to the desire of many victims’ families and parts of the public to see justice for the victims. At the same time, challenges arise. The international community expects proceedings to be fair, transparent, and in accordance with rule-of-law principles, regardless of whether they take place before national military courts or not.
A special court would have explicit jurisdiction over acts defined under international, national, and military law as war crimes and crimes against humanity. The precise division of labor between military courts and civilian institutions, as well as the question of how international observers might be involved, is part of ongoing discussions.
This project—if implemented—would mark a significant chapter in the legal aftermath of the October 7 attack, an event that will continue to occupy not only Israel but the international community for a long time.
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