A bill proposal to set up a special court to prosecute terrorists who participated in the October 7 attacks on charges of genocide, initiated by Religious Zionism MK Simcha Rothman and Yisrael Beytenu chairman MK Yulia Malinovsky, was approved by the Ministerial Committee for Legislation on Sunday.

The bill will now head to the Knesset to begin its legislative process.

According to the legislation, a special court of 15 judges would be established to handle criminal trials for defendants accused of crimes related to genocide. This category already existed since 1950, but would now explicitly include October 7 assailants. According to the law, the maximum punishment for genocide is the death penalty.

The law does not explain how the judges are appointed but requires that they either be eligible for appointment as a High Court judge, or, in the case of a foreign citizen, be deemed by the justice and foreign ministers to have the “necessary skills and experience.”

Religious Zionist Party MK Simcha Rothman leads a vote during a Constitution, Law and Justice Committee at the Knesset, April 27, 2025 (credit: YONATAN SINDEL/FLASH90)
Religious Zionist Party MK Simcha Rothman leads a vote during a Constitution, Law and Justice Committee at the Knesset, April 27, 2025 (credit: YONATAN SINDEL/FLASH90)
The law also requires the creation of a “diplomatic steering committee” composed of representatives of the justice, foreign, and defense ministers, which will be responsible to “determine the prosecution policy.” The committee will have the power to decide which cases to prosecute, while taking into account “among other things, considerations related to the security of the State of Israel and its foreign relations, the circumstances of the offense, the rights of the victims, and the public interest.”

'Current legal tools are inadequate'

The court will also have the freedom to “deviate from established evidentiary and procedural rules, while taking into account, among other things, the need to protect victims of the crime and their families, to ease the hearing of evidence in multi-defendant proceedings, to reduce intermediate and preliminary procedures, to ensure the public nature of the proceedings and make them accessible to various target audiences in Israel and around the world, and to conduct proceedings efficiently, in order to achieve justice.”

According to bill’s preamble, “The complexity of the events [on October 7], their unprecedented scale, and the unique nature of the crimes committed require a distinct legal response. The conventional legal system is not equipped to handle crimes of such magnitude, which were carried out simultaneously by hundreds of perpetrators. Moreover, the special nature of these crimes – including crimes against humanity and acts amounting to genocide – necessitates expertise and a unique legal approach.”

“Additionally, there is an urgent need for swift and effective action on this issue, both in terms of deterrence and ensuring justice for the victims and their families,” the preamble said. “In light of this, a proposal is made to establish a special and separate legal mechanism tailored to address genocide-related crimes, specifically regarding the events of October 7 that amount to such offenses.”

“This mechanism is intended to allow for rapid, efficient, and focused proceedings while upholding principles of justice and international law,” the preamble continued.

The Attorney-General’s Office opposed the bill.

In a legal opinion, two lawyers from the A-G’s legal counsel and legislative affairs department wrote, “The investigation of the terrorists involved in the events of October 7 is in advanced stages and is being handled as a top priority by law enforcement authorities. The proposal undermines the independence of law enforcement agencies and could harm the international legitimacy of the procedures being carried out – and those that will be carried out – by the State of Israel. Additionally, it may affect Israel’s broader interests in the international arena.”

Rothman said following the bill’s passage in the ministerial committee, “When it comes to the Nukhba terrorists, from a legal standpoint, the State of Israel remains stuck in a mindset that predates October 7. The current legal tools are inadequate and irrelevant for addressing an act of genocide and mass murder.”

“Anyone trying to force this into the framework of regular criminal law is destroying the entire legal process. As proof, up until now, not even a single indictment has been filed. That’s why we must fundamentally change the legal structure,” Rothman said.