Members of the Keter unit, an Israeli prison service response unit seen during an operation where Nukhba terrorists (a Hamas unit) being held, at the Ofer Prison near Jerusalem, August 28, 2024. (Photo: Chaim Goldberg/Flash90)
Last Wednesday, the Knesset approved a law that prohibits the use of state funds for the legal representation of terrorists accused of participating in the Oct. 7 Hamas massacres last year.
The Knesset approved the so-called “Nukhba Law,” in the second and third readings last week. The law says that the fees for lawyers representing terrorists involved in the Oct. 7 massacre must be deducted from Palestinian Authority tax funds held by Israel, rather than coming from the state’s budget. The law passed with 26 votes in favor and 4 against.
The Nukhba Law was proposed by Religious Zionism MK Simcha Rothman, who also played a significant role in the Judicial Reform legislation in 2023. While primarily targeting terrorists caught following the Oct. 7 attacks, the law applies to all terrorists accused of carrying out attacks during the “Operation Iron Swords” war.
MK Simcha Rothman said after the law was approved, “This is an important step to correct a moral injustice. There is no reason why Israeli citizens should fund the legal defense of those who harmed them. Now, the money will come from the entity that supports terrorism.”
“We cannot tolerate a situation where bereaved families of murdered and massacred victims are indirectly paying for the legal defense of the perpetrators,” he added.
The Israeli government has previously attempted to withhold or repurpose tax funds collected on behalf of the Palestinian Authority due to the PA’s payment of stipends to those carrying out acts of terror against Israeli citizens, or to the terrorists’ families if the terrorist died in the attack. These stipends represent millions of U.S. dollars per year in payments, which the U.S. government has previously referred to as a “pay for slay” program.
In July, Justice Minister Yariv Levin announced his firm opposition to using state funds for the legal defense of terrorists, after the courts ordered that the terrorists be given private counsel.
“In response to the court’s decision that Israeli citizens will fund lawyers for terrorists, I say enough. I stand by my decision, which was made at the beginning of the war,” Levin said.
After the public defender’s office announced, at the beginning of the war, that it would not represent terrorists involved in the Oct. 7 massacre, the courts had ordered that the terrorists be given private counsel. Justice Minister Levin and Finance Minister Bezalel Smotrich announced that they would deny approval for state funds for the terrorists’ legal defense.
Smotrich then said that “Israeli citizens will not fund the legal defense for such disgusting enemies.”
The Oct. 7 terrorists caught by Israeli forces are in a unique legal position, as they are not considered to be lawful combatants, and therefore do not fall under international human rights laws relating to prisoners of war.
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