Lead Prosecutor Appointed for Hamas Nukhba Terrorist Trials

Zhanna Modzgrishvili, a lawyer and former chief military prosecutor, has been selected to lead the prosecution of Hamas Nukhba terrorists involved in the October 7th massacre. This appointment, revealed on Sunday, October 25th, places her at the helm of one of Israel's most complex and sensitive legal proceedings, involving hundreds of defendants and an immense volume of evidence. Charges are expected to be filed against over 400 individuals, with the final number contingent on ongoing operations by the Shin Bet and IDF in Gaza. Modzgrishvili will operate as a civilian employee of the military.

A special military court is to be established in Jerusalem for these cases, with proceedings segmented geographically, addressing attacks on specific locations like Be'eri, Nir Oz, and the Nova music festival separately. While the exact start date for the trials remains undetermined, discussions on a parliamentary committee in October 2026, the third anniversary of the massacre, suggested the possibility of the first indictment being filed in the first half of 2027. The legal framework for these trials was finalized by the Knesset in May 2026, with a 93-0 vote, establishing the basis for what are considered the most significant legal proceedings in Israel since the trial of Adolf Eichmann.

The legislation, spearheaded by MK Simcha Rothman and MK Yulia Malinovskaya, involved unprecedented cooperation between Justice Minister Yariv Levin and the government's legal advisor. It defines the actions of terrorists from October 7-10, 2023, as crimes against the Jewish people, crimes against humanity, and war crimes, encompassing murder, rape, kidnapping, and looting. The law also covers offenses against hostages in Gaza, including those killed in captivity. A key provision allows for the death penalty not only for the murders of 1,164 civilians and soldiers on October 7th but also for other severe crimes like rape, drawing on existing laws against genocide and terrorism.

Terrorists sentenced to death or facing charges carrying the death penalty will be ineligible for future prisoner exchange deals. Each case will be heard by a panel of three judges, at least one of whom must be a military court president or deputy district court president serving in reserve. Convicted individuals will have an automatic appeal mechanism, with the appellate panel headed by a retired Supreme Court justice. The prosecution, under the Southern District Prosecutor's Office, will handle indictments, utilizing forensic evidence from massacre sites, interrogation transcripts of captured Nukhba operatives, and hundreds of video recordings of the atrocities. Much of this evidence was gathered by IDF soldiers and Shin Bet agents during operations in Gaza.

Defendants will largely participate remotely from their detention facilities via technical means, while families of victims and survivors will have dedicated viewing rooms or digital broadcasts to observe hearings. Modzgrishvili brings 22 years of military service, including extensive experience in the military prosecution and four years as chief military prosecutor before leaving the IDF in 2013. She later headed a unit within the Justice Ministry reviewing complaints against Shin Bet investigators. Recently recalled to reserve duty, she prosecuted the case of Aviad Frigi, accused in the death of Yuval Kestelman. Her new role will require balancing the needs of victims' families and Israeli society with international scrutiny.