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<\/a>\u2018It Should Look Like Nuremberg\u2019: Why Israel Has Yet to Put a Single Oct. 7 Terrorist on Trial<\/a><\/strong><\/span><\/span><\/h3>\nDebbie Weiss<\/strong><\/span><\/p>\n More than two and a half years after the Hamas-led Oct. 7, 2023, massacre across southern Israel, not one of the terrorists detained for taking part in the attack has been brought to trial, according to a new report by Israel\u2019s State Comptroller, who warned that the delay is harming deterrence and denying justice to the victims and their families.<\/span><\/p>\n \u201cBringing justice to the Hamas terrorists who committed crimes during the October 7 terror attack is of utmost importance, from a legal, moral and public perspective,\u201d outgoing State Comptroller Matanyahu Englman said.<\/span><\/p>\n The report faulted the state for failing to prepare for the mass detention of security prisoners after Oct. 7, as Israel\u2019s prisons absorbed thousands of Palestinians arrested during the war. According to the report, the number of security prisoners held by Israel jumped by about 92 percent during the war, from 5,200 to roughly 10,000, worsening an already severe shortage of prison space. By October 2025, Israel\u2019s total prison population had reached 23,400.<\/span><\/p>\n The overcrowding strained the Israel Prison Service, increased the burden and risk for prison staff, and hampered the Shin Bet\u2019s ability to carry out arrests and interrogations, the report found. Englman also said the lack of space contributed to the release of 19 Gaza detainees who had been classified as a danger to national security, including Shifa Hospital director Mohammad Abu Salmiya.<\/span><\/p>\n Abu Salmiya\u2019s release, while Israeli hostages were still being held in Gaza, caused \u201cdeep cognitive damage\u201d in Israel and became a propaganda tool for Hamas, the report said. Englman also criticized the fact that Prime Minister Benjamin Netanyahu was not consulted before the release and was informed only after the fact, saying the episode should be viewed \u201cgravely.\u201d<\/span><\/p>\n But Englman singled out the absence of prosecutions for the Oct. 7 terrorists as a separate failure, saying the drawn-out legal process has weakened the deterrent effect of trials and delayed justice for the victims of the massacre and their families.<\/span><\/p>\n The findings come despite recent efforts to create a legal framework for the prosecutions. In May, lawmakers approved a special military tribunal composed of 15 judges for Oct. 7 cases, hoping to break a deadlock that has left roughly 300 captured terrorists in legal limbo.<\/span><\/p>\n Yet even supporters of the legislation caution against viewing the delay as a simple bureaucratic failure.<\/span><\/p>\n Yifa Segal, an international law expert who participated in Knesset discussions surrounding the framework, said the scale of the Oct. 7 atrocities created evidentiary challenges unlike those in ordinary terrorism cases.<\/span><\/p>\n \u201cThere has never been anything this complex legally, in any terror attack in history,\u201d Segal told The Algemeiner<\/em>.<\/span><\/p>\n More than 3,000 terrorists from Hamas and other Palestinian terrorist groups crossed into Israel on Oct. 7, carrying out murders, rapes, kidnappings, and looting across hundreds of locations. By the time investigators reached many of the scenes, days had passed and evidence had been degraded, contaminated, or lost.<\/span><\/p>\n \u201cThe connection between a specific terrorist and a specific crime is almost impossible to prove in many of these cases,\u201d Segal said.<\/span><\/p>\n In a conventional criminal trial, she explained, prosecutors would need to tie each defendant to a specific act committed against a specific victim \u2014 a standard that could be impossible to meet in many Oct. 7 cases, particularly where victims were murdered or no witnesses survived.<\/span><\/p>\n \u201cIn a regular criminal trial, you would have to prove that this particular Mohammad raped this particular woman,\u201d Segal said. \u201cShe would have to testify against him. She would have to remember exactly who it was, how many terrorists assaulted her. In some of the scenes, there were no witnesses left at all.\u201d<\/span><\/p>\n Trying the cases that way, Segal warned, would not only force survivors through repeated testimony and cross-examination, but could also produce the opposite of what Israel is seeking.<\/span><\/p>\n \u201cIt probably would have led to a great many acquittals,\u201d she said.<\/span><\/p>\n The new framework is designed to allow Israel to present Oct. 7 as a coordinated atrocity rather than hundreds of disconnected criminal cases. Israel\u2019s 1950 genocide law, passed in the aftermath of the Holocaust, is expected to be one of the statutes used in the prosecutions.<\/span><\/p>\n \u201cThis was an attempted genocide,\u201d Segal said. \u201cIt shouldn\u2019t be treated as a series of separate crimes with no connection between them.\u201d<\/span><\/p>\n Under the law, the trials would be public, broadcast, and translated, both for victims and for international audiences.<\/span><\/p>\n \u201cIt should look like Nuremberg,\u201d Segal said.<\/span><\/p>\n Zawarto\u015b\u0107 publikowanych artyku\u0142\u00f3w i materia\u0142\u00f3w nie reprezentuje pogl\u0105d\u00f3w ani opinii Reunion’68,<\/em> \u2018It Should Look Like Nuremberg\u2019: Why Israel Has Yet to Put a Single Oct. 7 Terrorist on Trial Debbie Weiss A Hanukkiyah, a candlestick used during the Jewish holiday of Hanukkah, stands on the remains of a burnt windowsill, following a deadly infiltration by Hamas terrorists from the Gaza Strip, in Kibbutz Be\u2019eri in southern […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[6],"tags":[33,24],"_links":{"self":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts\/131289"}],"collection":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=131289"}],"version-history":[{"count":4,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts\/131289\/revisions"}],"predecessor-version":[{"id":131386,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=\/wp\/v2\/posts\/131289\/revisions\/131386"}],"wp:attachment":[{"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=131289"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=131289"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.reunion68.se\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=131289"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\n![](\"https:\/\/www.algemeiner.com\/wp-content\/uploads\/2023\/11\/2023-11-08T102502Z_1_LYNXMPEJA70BF_RTROPTP_4_ISRAEL-PALESTINIANS-REMAINS-ARCHEOLOGISTS1.jpg\")
A Hanukkiyah, a candlestick used during the Jewish holiday of Hanukkah, stands on the remains of a burnt windowsill, following a deadly infiltration by Hamas terrorists from the Gaza Strip, in Kibbutz Be\u2019eri in southern Israel, Oct. 17, 2023. Photo: REUTERS\/Ronen Zvulun<\/em><\/span><\/p>\n
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