Ex-Military to Lead Trials of Hamas Militants

Zana Modzgrishvili, the former Chief, has been appointed to lead the prosecution of Hamas militants involved in the October 7th massacre. This complex legal effort will involve proceedings against hundreds of militants who infiltrated southern Israel on that day, presenting a significant challenge due to the vast amount of evidence, testimonies, victims, and investigative materials. Modzgrishvili, who served 22 years in the IDF and held various roles in the Military Advocate General's Corps, including four years as Chief, will be employed as a civilian Defense Ministry employee to manage the extensive prosecution system.

This initiative is considered a sensitive and significant legal undertaking with broad implications, both domestically for bereaved families and the public grappling with trauma, and internationally as global legal bodies will monitor the proceedings. The law enabling these prosecutions was approved by the Knesset in May with a 93-0 vote, establishing the legal framework for unprecedented trials, described as the largest and most significant in Israel since the Eichmann trial. The law was initiated by MK Simcha Rothman and MK Yuli Malinovsky, and developed in rare professional collaboration with Justice Minister Yariv Levin and Attorney General Gali Baharav-Miara.

The law defines the militants' actions between October 7th and 10th, 2023, as crimes against the Jewish people, crimes against humanity, and war crimes, encompassing murder, rape, kidnapping, and pillage. It also covers offenses against hostages held in Gaza, including those murdered in captivity. A key provision allows courts to impose the death penalty not only for the murders of 1,164 civilians and soldiers on October 7th but also for other severe offenses like rape, aligning with existing laws such as the Genocide Prevention Law and the Counter-Terrorism Law. Militants sentenced to death or facing capital charges will be ineligible for future prisoner exchange deals.

More than 400 militants are expected to be indicted, with the final number pending further intelligence and military operations in Gaza. The trials will be organized geographically, with separate proceedings for different infiltration zones like Be'eri and Nir Oz, and the Nova music festival massacre. Each judicial panel will consist of three judges, including at least one military court president or a district court judge recruited for reserve duty. Convicted individuals will have an automatic appeal mechanism, with a retired Supreme Court justice heading the appellate panel. Prosecution is expected to file indictments based on extensive evidence, including forensic findings, interrogation transcripts, and hundreds of videos documenting the atrocities, much of which was gathered during combat operations. Most defendants will participate remotely via technology from detention facilities, while victims' families will have access to observe proceedings separately or via digital broadcast. A special committee discussion in October 2026 suggested the first indictment could be filed in the first half of 2027.