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Q&A: Putting the October 7 Terrorists on Trial

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Putting the October 7 Terrorists on Trial

Question

Hello Rabbi,
I understand that there are various legal difficulties surrounding putting the October 7 terrorists on trial, because it is hard to link a specific terrorist to a specific crime that he committed. I heard someone on the radio suggest that a person’s very membership in Hamas and presence in the combat zone on October 7 constitutes implicit consent to the crimes that were committed, and therefore provides sufficient grounds to put him on trial for them. What do you think about that? How does that fit with the issue of refusing a manifestly illegal order? Do you have a better suggestion for how to deal with the terrorists from a legal standpoint?

Answer

I completely agree. Membership in Hamas carries the death penalty, period.
I did not understand the question regarding an illegal order.

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