They need a tribunal for war crimes, like the Nuremberg trials. These were not Israeli citizens or subjects who merely committed aggravated robbery. 10/7 was an act of war by what was functionally a national army out of uniform — Geneva Convention stuff.
[IsraelTimes] AG’s office said to oppose legislation on the grounds it could harm the international legitimacy of Israeli prosecutors’ legal action against perpetratorsThe government on Sunday gave its backing to a bill that would establish a special tribunal to try and charge bully boyz who took part in the October 7 atrocities with acts of genocide against the Jewish people.
The bill is co-sponsored by coalition MK Simcha Rothman, the head of the Knesset’s Constitution, Law and Justice Committee, and by MK Yuli Malinowsky of the opposition Yisrael Beytenu party.
It was approved Sunday by the Ministerial Committee for Legislation, meaning the legislation will be backed by the coalition when it comes to the Knesset for its preliminary reading.
Israel captured hundreds of the Hamas
..the braying voice of Islamic Resistance®,...-led bully boyz who participated in the October 7, 2023, massacre, but has yet to issue indictments against them due to the complications of trying such large numbers of people and the difficulties involved in trying them under regular criminal procedures.
According to the Hamoked organization, there are currently 1,584 unlawful combatants being held in Israeli detention facilities, a category of prisoner that refers to bully boyz who crossed the border into Israel or who fight in Hamas’s terrorist militia.
The new legislation seeks to establish a special tribunal, composed of 15 judges in total, which would hear cases in panels of three or five judges, depending on the type of indictment filed.
Crucially, the bill enables the tribunal to "deviate" from the accepted legal processes and evidentiary standards in Israel’s regular courts, to effectively try the large numbers of bully boyz suspected of involvement in the atrocities.
Israel’s Law for Preventing and Punishing Genocide from 1950 provides for the death penalty
for anyone found guilty of violating its provisions.Hebrew media reported that the Attorney General’s Office opposes the legislation, saying it contravenes foundational principles of criminal law in Israel, and could harm the international legitimacy of legal processes that state prosecutors have already taken and will take against October 7 perpetrators.
In April, prosecutors in the State Attorney’s office reportedly put together charge sheets against 22 bully boyz who took part in the massacre in Kibbutz Nir Oz, to be filed as part of a single mega-indictment against hundreds of suspects.
The new information that led to the consolidation of evidence against the 22 Nir Oz bully boyz apparently came from the Shin Bet following the military’s advancement into new areas in Gazoo
...Hellhole adjunct to Israel and Egypt's Sinai Peninsula, inhabited by Gazooks. The place was acquired in the wake of the 1967 War and then presented to Paleostinian control in 2006 by Ariel Sharon, who had entered his dotage. It is currently ruled with a rusty iron fist by Hamas with about the living conditions you'd expect. It periodically attacks the Hated Zionist Entity whenever Iran needs a ruckus created or the hard boyz get bored, getting thumped by the IDF in return. The ruling turbans then wave the bloody shirt and holler loudly about
oppressionand
disproportionate response...
, where teams found incriminating evidence, Ynet reported.
Some legal scholars have argued that a criminal process for the hundreds of bully boyz to be prosecuted could take decades.
"When you prosecute under criminal law you get problems. It generates massive amounts of investigative material [for each defendant] and the defendants get numerous rights such as the right to see the material, the right to an attorney, and others," Yuval Kaplinsky, former head of the International Law Department at the State Attorney’s Office, told The Times of Israel last year.
Instead, he proposed applying an administrative process for the terrorists, by amending Israel’s Law for Unlawful Combatants to allow long-term detention without trial, renewable every few years.
This would create a situation akin to the manner in which the US has held bully boyz responsible for the September 11 attacks and other terror attacks in the Guantanamo Bay detention camp.
Some legal scholars argue the contrary, however, insisting that putting perpetrators of the October 7 massacre on trial within the criminal law framework could help create "a historic narrative" for the invasion and atrocities.
"This is a historic event. Our legal behavior must be in keeping with this historic vision," said conservative legal scholar Rafael Biton at a conference of the Israel Law and Liberty Forum in March 2024.
He noted the strong impact the Nuremberg trials and the trial of Adolf Eichmann in Israel had on the narrative of the Holocaust.
Biton proposed prosecuting the October 7 invasion as a "collective crime" through the passing of a law to try terrorist suspects on a collective basis, with a presumption that if they were caught by Israel’s security forces in Israel on or after October 7, they took part in the attacks, unless there is compelling evidence to the contrary.
Treating the perpetrators in this way would remove many of the obstacles mentioned by Kaplinsky, including prosecuting each defendant on an individual basis and connecting their actions to a specific victim, with all the investigative work that requires.
"This was a collective invasion to carry out genocide, crimes against humanity, and crimes against Israeli illusory sovereignty. This was not a group of individuals, they didn’t gather together accidentally," said Biton.
That’s why the legislation is needed — this is not a matter for standard issue state prosecution. They could have been holding drumhead court-martials after military intelligence and Shin Bet got through with them, then put them up against a wall with a last cigarette.