Israeli prosecutors have completed draft indictments against 22 alleged Hamas perpetrators of the Oct. 7, 2023 massacres in Kibbutz Nir Oz, Israeli media reported on Sunday.
The report about the indictments—the first of Oct. 7 perpetrators—suggests authorities have resolved to prosecute the suspects in civilian courts, which may lack the authority to sentence terrorists to death, instead of military tribunals that have that authority.
The indictments provide the legal scaffolding for prosecuting additional suspects in atrocities and other crimes committed by the thousands of terrorists who invaded Israel from Gaza on Oct. 7, 2023, murdering some 1,200 people and abducting another 251.
The United States is reportedly conducting its own investigations into the Oct. 7 attacks and may be preparing separate indictments. According to Ynet, Israeli officials have asked their American counterparts to hold off on any legal action until Israel files its own charges.
Digital material, documents and other evidence were retrieved from combat zones in Gaza, often during Israel Defense Forces incursions, for the indictments, which prosecutors call “Case 7/10.”
Israel is in custody of roughly 300 individuals suspected of various degrees of involvement in the massacres, according to Ynet. Some were captured during the attack itself, while others were detained later during IDF operations in Gaza. Israeli officials have stated that these detainees are not intended to be included in potential prisoner exchange negotiations.
Prosecutors are debating whether to file a single indictment against all 22 suspects or to try them in smaller, separate cases, according to the news site.
The Attorney General’s Office has proposed several legal amendments to facilitate the prosecution of Hamas terrorists, including enabling court hearings in absentia of the defendants and potentially limiting defense access to some of the evidence. One proposal would even permit victim statements to be submitted in writing, bypassing live cross-examination—a move that may raise questions about defendants’ rights. The Public Defender’s office within the Justice Ministry has said it will not represent the Hamas defendants, and the issue of their legal representation is being discussed, according to the report.
