Israeli Judges Hesitant to Try Oct. 7 Suspects Over Sanction Fears
Current and former Israeli judges have expressed reservations about presiding over a special tribunal established to try individuals accused of involvement in the October 7th attacks, citing concerns about potential international sanctions or travel restrictions. According to a report in the newspaper Haaretz, several judges, including those currently serving and former civil court judges, have stated in private conversations that participation in these trials could expose them to external penalties or prevent them from entering certain countries. The report cited legal sources indicating that Israeli military court judges are already barred from residing in or transiting through several Gulf states. Other judges fear that the anticipated high-profile nature of these trials could lead to additional restrictions on them.
Beyond the risk of sanctions, concerns have also been raised regarding the personal security of the judges who will handle these cases, with the Israeli Personal Security Unit designated to provide protection. The Knesset passed legislation in May to create this specialized court, which will be located in Atarot, occupied Jerusalem. The court is slated to handle cases for over 250 detainees held since the October 7th attacks and will function essentially as a military court.
Charges are expected to include accusations such as genocide, harming state sovereignty, initiating war, and aiding an enemy, alongside anti-terrorism offenses and murder. The law designates an administrative body overseen by the Israeli military chief of staff to prepare for the judicial proceedings and recruit judges. Sources familiar with the law's implementation suggest that Moin al-Arbid, identified by Israel as the head of Hamas's internal security and allegedly involved in planning the October 7th attack and holding hostages, is expected to be a prominent defendant.
The legislation was a cross-party initiative, developed in cooperation with Knesset members Simcha Rothman and Yulia Malinovsky. The military chief of staff, upon the recommendation of the military advocate general, will appoint the prosecution team. The court will operate with multiple judicial panels, each comprising three judges, at least one of whom must have prior experience as a military court president. The law grants the court flexibility to deviate from standard procedural rules and evidence laws if deemed necessary for uncovering the truth and achieving justice.
In a related development, the military prosecution has requested the Ministry of Justice transfer the team of prosecutors handling October 7th cases to its direct authority. This team of approximately 20 prosecutors currently within the Ministry of Justice is responsible for reviewing evidence gathered by the police and Shin Bet. The military prosecution warned that keeping these prosecutors outside its direct control could delay indictments and slow down judicial proceedings.