The Israel-Hamas War: Military Tribunal

(October 7, 2023 - Present)By Mitchell Bard


Israel’s Knesset voted overwhelmingly on May 11, 2026, to create a dedicated military tribunal for trying Palestinian terrorists accused of carrying out the October 7, 2023, attacks. The measure attracted rare cross-party backing, winning support from both coalition and opposition lawmakers as well as the Attorney General’s Office, which had signaled its approval in February. The final tally was 93 votes in favor, with none opposed.

The legislation’s authors argued that the sheer scale and brutality of the attacks demand a purpose-built legal mechanism. In their explanatory notes, they cited the staggering number of crime scenes, suspects, and victims, along with the unique challenges of gathering evidence in an active war zone, as factors that strain the capacity of Israel’s ordinary justice system. The tribunal, they said, is intended to deliver proceedings that are both efficient and fair while giving due weight to the interests of victims and the broader public.

The new court will operate within the military justice system and will prosecute approximately 300 alleged terrorists who were captured inside Israel during the invasion and have remained in detention since. Prosecutors will be empowered to bring the full range of applicable charges, including genocide under Israel’s 1950 prevention-of-genocide statute, crimes against Israeli sovereignty, initiating or enabling war, aiding an enemy in wartime, and terrorism offenses under the 2016 counterterrorism law. A genocide conviction would carry a potential death sentence.

The law also bars anyone suspected, charged, or convicted in connection with October 7 from being freed through prisoner-exchange deals. All proceedings will be open to the public and streamed on a dedicated website.

The tribunal will comprise 15 judges drawn from two pools: jurists eligible for the Israeli Supreme Court, and international legal experts approved by the justice minister in consultation with the foreign minister. Individual cases will be decided by three-judge panels — including at least one retired district court judge — while cases involving multiple defendants will be heard by panels of five. Full-bench appeals before all 15 judges will be available.

In June 2026, the government approved a $351 million allocation to the Defense Ministry and the Israel Defense Forces to prepare for the trials. The funding, to be disbursed between 2026 and 2029, will finance the construction of the extensive infrastructure required to implement the law, including facilities for the court, prosecution offices, and a dedicated IDF command center.

The budget will also cover the recruitment and training of personnel needed to conduct the proceedings, as well as ongoing operational costs such as building maintenance, computer and communications systems, broadcasting services, security arrangements, and other logistical requirements necessary to support the trials.

“The State of Israel will bring to justice the perpetrators of the most brutal massacre committed against the Jewish people since the Holocaust and will send a clear and unequivocal message to all our enemies: whoever slaughters, murders, rapes and kidnaps Israeli citizens will pay the full price,” said Defense Minister Israel Katz.


Sources: Ariela Karmel and Jessica Steinberg, “Knesset passes law establishing military tribunal to try October 7 perpetrators,” Times of Israel, (May 12, 2026).
Jeremy Sharon, “Israel allocates $350 million for special military tribunal to try Oct. 7 terrorists,” Times of Israel, (June 2, 2026).

Photo: AI-generated for illustration.