Israel Moves Toward First Executions in Over 60 Years for Hamas Terrorists Behind October 7 Massacre

By: Fern Sidman

In what could become one of the most consequential legal reckonings in Israeli history, the Jewish state is reportedly preparing to seek the death penalty for at least 22 Hamas terrorists involved in the October 7, 2023 massacre. According to a report published by The Sun of the UK and cited extensively by VIN News, Israeli prosecutors are expected to pursue capital punishment for the first time since the 1962 execution of Nazi war criminal Adolf Eichmann—an extraordinary development that speaks volumes about the horror and depravity of the attacks that reignited war with Hamas.

The accused terrorists are alleged to have taken part in the brutal assault on Kibbutz Nir Oz, just one mile from the Gaza border, where Hamas fighters stormed in from three directions, torching homes, slaughtering civilians, and kidnapping families, according to the VIN News report. Among the victims were Shiri Bibas and her young sons Ariel and Kfir, as well as their father Oded Lifshitz. The captives were reportedly murdered in Gaza, and their remains were later returned under grim circumstances, horrifying the Israeli public and intensifying calls for justice.

Israeli intelligence agencies have been meticulously compiling a trove of evidence, including digital files from seized laptops and testimonies from survivors and security personnel. The investigation has uncovered what prosecutors describe as “crimes against humanity,” including rape, torture, and the execution of innocent civilians. VIN News reported that these findings are now forming the foundation for indictments against the 22 accused, with legal experts anticipating more cases to follow.

Alan Baker, a former military prosecutor and ambassador, who currently leads the international law program at the Jerusalem Center for Foreign and Security Affairs, told The Sun that Israel is no longer likely to be deterred by international backlash. “There is now the feeling that the rest of the world inevitably hates us whatever we do,” Baker said, as was cited by VIN News. “These people not only crossed the border illegally, but they brought with them mobs of Gaza civilians who looted and burned homes. That alone is reason enough for prosecution—but then add the rape and murder, and these cases become indisputable in their gravity.”

Baker previously secured a death penalty verdict against a terrorist decades ago, but it was never carried out due to concerns it might incentivize future attacks, the VIN News report said. Today, he believes the situation has fundamentally changed. “I trust they will do what they need to do without looking at any external consideration,” he added. “That is the last thing that should enter into the equation.”

Maurice Hirsch, Director of the Initiative for Palestinian Authority Accountability and Reform at the Jerusalem Center for Public Affairs, told VIN News that Israel’s complex legal system means that while a death penalty verdict is possible, securing and enforcing it won’t be straightforward. “It will depend on whether Israel will be able to withstand international pressure,” he said. “If the evidence is rock solid—linking specific individuals to direct acts of murder and atrocity—then the legal case becomes clearer. But ambiguity in individual responsibility could complicate convictions.”

Hirsch, who also serves as a senior legal analyst at Human Rights Voices, said the gravity of the October 7 attacks—the deadliest assault on Jews since the Holocaust—creates a moral and legal basis for Israel to pursue the maximum penalty. “It may seem extreme, but these are extraordinary crimes,” he said, as cited by VIN News. “This is not about retribution. It’s about justice, accountability, and deterrence.”

More than 300 additional Hamas fighters involved in the October 7 onslaught remain in Israeli custody. Their fates are still to be determined, but many are likely to face serious criminal proceedings. Prosecutors are carefully analyzing each case to determine the charges and assess whether they meet the threshold for capital punishment under Israeli law.

The decision to seek the death penalty is seen by many Israelis as a seismic shift in the nation’s legal and moral posture. The Jewish state has historically refrained from capital punishment, invoking restraint even in cases involving the most heinous crimes. However, the VIN News report emphasized that public sentiment in Israel has shifted dramatically in the aftermath of the October 7 atrocities, with increasing support for the strongest possible consequences against those responsible.

For many, the brutality of the attacks—indiscriminate killings, sexual violence, and kidnapping of women, children, and the elderly—has extinguished any remaining tolerance for leniency. The Kibbutz Nir Oz massacre, in particular, has become a symbol of collective trauma for the Israeli people.

“Israel will respond,” Prime Minister Benjamin Netanyahu has repeatedly affirmed, both militarily and judicially, as per the VIN News report. Prosecutors now appear determined to ensure that response includes long-overdue justice in the courtroom.

The nation—and the world—awaits a moment that may redefine the boundaries of Israeli justice, and set a precedent for how modern democracies confront unthinkable acts of terror.