The government will vote Sunday on a dramatic proposal to implement a new law prosecuting perpetrators of the October 7 massacre, which was published this week. According to the explanatory notes, on October 7, 2023, Hamas and its partners carried out a murderous terror attack that included murder, sex crimes, kidnapping and looting—an organized and planned assault on Israeli civilians and communities.
2+The new law, “Law for Prosecution for the Events of the October 7, 2023 Massacre – Second Amendment – 2026,” establishes special and exceptional legal and organizational arrangements that will enable a full, transparent and effective legal process against the perpetrators of the massacre.
Under the law’s provisions, the terrorists will be tried before a military court as defined in the Defense (Emergency) Regulations of 1945. The law establishes special procedures for appointing judges—judges who will be appointed by the IDF Chief of Staff on the recommendation of the Military Advocate General, with their appointments approved by the President given the public significance of the proceedings.
The law also stipulates that the court will be established in Jerusalem. The Israel Prison Service will be responsible for securing the court compound, for the role of court guard, and for maintaining order and discipline in the courtrooms and hallways.
2+Given the large number of crime victims as defined in the Crime Victims’ Rights Law of 2001, the law establishes a dedicated mechanism for providing services to crime victims and integrating them into the process. The military prosecution will establish a dedicated mechanism, and given the large numbers, the proceedings will be broadcast in real time to rented halls for them. In addition, a mechanism was established for publishing recordings of the sessions that will be preserved according to the Archives Law of 1955.
To implement the law, a dedicated administration will be established within the IDF, and a steering committee will be formed headed by the Director General of the Defense Ministry and including the directors general of the Justice, Finance, Foreign Affairs and National Security ministries, as well as a representative of the IDF Chief of Staff.
The proposed resolution to be brought tomorrow is effectively an amendment to Government Resolution 4189 from June 2, 2026, which dealt with prosecuting the perpetrators of the massacre. Under that resolution, it was decided to allocate to the Defense Ministry and the Courts Administration the resources required to implement the law’s provisions.
2+Now it is proposed to amend the resolution and allocate additional budget and all the required resources from the relevant ministries. Since the costs involved in implementation require a change in government priorities and compliance with Budget Law provisions, it is necessary to deviate from the spending and deficit limits set in the Budget Foundations Law and the Deficit Reduction and Budget Expenditure Limitation Law.
To do this, the government will approve compensatory action and submit a three-year plan to the Knesset. As part of this, the maximum deficit rate will be increased from 0.3% to 0.8% starting in 2027. In addition, to staff the positions required for the prosecution, the borrowing of personnel on a large scale from various ministries will be approved for a limited and pre-budgeted period.