Israel Considers Death Penalty for 22 Hamas Terrorists in October 7 Massacre

22 militants who took part in the Nir Oz attack may face the death penalty for the first time since Adolf Eichmann was executed in 1962.

Captured Hamas Nukhba terrorists arrive at a detention facility | Archive Photo: Israel Prison Service Spokesperson

For the first time in decades, Israel is seriously considering the death penalty for terrorists: 22 Hamas operatives who participated in the October 7 massacre at Kibbutz Nir Oz are expected to stand trial. According to legal sources quoted by the British newspaper The Sun, capital punishment is being weighed due to the brutality of the atrocities – a potential first since the execution of Nazi war criminal Adolf Eichmann in 1962.

A Serious Consideration of the Death Penalty
Israeli intelligence officers have been working tirelessly since the beginning of the war to process evidence. Data retrieved from seized laptops in Gaza helped build strong cases against at least 22 militants, all of whom were involved in the Nir Oz massacre, where random killings, arson, and hostage kidnappings took place. Among the victims: Shiri Bibas and her son Ariel, and the abducted infants Kfir and Oded Lifshitz.

Officials involved in the case confirmed to The Sun that hanging is being considered as the method of execution. If carried out, it would be the first execution in Israel since 1962.

Shiri, Ariel, and Kfir Bibas, of blessed memory | Photo: Courtesy of the family

The World Hates Us Anyway
Alan Baker, a former military prosecutor and ex-legal advisor to the Foreign Ministry, said, “Thirty years ago, we convicted a brutal terrorist and sentenced him to death — but the execution was not carried out due to fears it would incite further terror and prompt international backlash. This time, because of the horrors committed, Israel seems less influenced by global criticism.”

He added: “The world hates us anyway. These individuals didn’t just cross a border — they looted, torched homes, and murdered indiscriminately.”

Aftermath of the massacre and destruction at Kibbutz Nir Oz | Photo: Yaniv Nadav/Flash90

The Legal Challenge: No Identifiable Victims Per Attacker
In addition to the 22 slated for indictment, about 300 other October 7 attackers are currently held in Israeli prisons. Lt. Col. (Res.) Adv. Maurice Hirsch, a senior researcher at the Jerusalem Center for Public Affairs, stated that despite Israel’s complex legal system, the death penalty is a realistic outcome. “Executing terrorists may seem far-fetched, but under these circumstances, it’s very plausible,” said Hirsch.

He noted the legal challenge: “Some of the attackers may not know exactly whom they killed. That makes tying them to a specific murder harder. Prosecutors will need clear, case-by-case evidence. As a defense attorney, I’d demand direct proof of mass murder.”

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