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Yifat Tomer-Yerushalmi to Head Prosecution in Cases Against Nukhba Terrorists

Former Military Advocate General Yifat Tomer-Yerushalmi will head the prosecution of more than 400 Nukhba terrorists connected to the October 7, 2023 attack. A special law permits the death penalty, but no decisions have yet been made regarding specific defendants.

Key facts

  • •Defendants: more than 400 people
  • •Court: a special military court in Jerusalem
  • •Events: October 7–10, 2023
  • •Knesset vote: 93 in favor, 0 opposed
  • •The first indictment may be filed in the first half of 2027
  • •The law permits the death penalty, but it has not yet been imposed

Who Will Head the Prosecution

Tomer-Yerushalmi served in the IDF for 22 years and held the position of Military Advocate General for four years. After leaving the military in 2013, she reviewed complaints at the Ministry of Justice from people under interrogation concerning the conduct of Shin Bet investigators. She recently returned to reserve duty as a prosecutor in the case of Aviad Frija, who is accused of causing the death of Yuval Castleman. She will perform her new role as a civilian IDF employee.

How the Trials Will Be Conducted

Indictments are planned against more than 400 people; the final number depends on the continued operations of the Shin Bet and the IDF in Gaza. A special military court will be established in Jerusalem to hear the cases, and the proceedings will be divided according to the locations of the events—including Be’eri, Nir Oz and the Nova festival. Each panel will consist of three judges, and convictions will be subject to automatic review.

What the Law Provides

The Knesset approved the law for prosecuting the Nukhba terrorists in its second and third readings, by a majority of 93 votes with no opposition. The acts committed between October 7 and 10, 2023, were defined as crimes against the Jewish people, crimes against humanity and war crimes; the provisions also apply to later crimes against the hostages in Gaza. The court will be able to impose the death penalty for murder and other particularly grave acts, including rape, also relying on the existing Genocide (Prevention and Punishment) Law and Counter-Terrorism Law.

Evidence and Victim Participation

The prosecution intends to use forensic findings from the attack sites, prisoner interrogation transcripts and hundreds of videos. It is assumed that most defendants will participate remotely from their places of incarceration. Families of those killed and other victims will be able to watch the hearings from a separate courtroom or via digital broadcast. Under the timetable discussed, the first indictment may be filed in the first half of 2027.

What this means for you

For the general public and victims’ families, the law creates a separate track for large-scale trials and the possibility of following the hearings remotely. Defendants charged with offenses punishable by death, as well as those sentenced to death, will not be eligible for release in future prisoner-exchange deals. The appointment of the head of the prosecution does not in itself indicate that specific individuals are guilty: the court will be required to determine that.

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