Tikvah
Editors’ Pick

May 29, 2025

How to Put Hamas on Trial

Prosecuting the worst crime in Israel’s history.

With a few exceptions, Israel has had to release large numbers of Palestinian prisoners in order to free the hostages kept by Hamas. These are not detainees or ordinary prisoners of war; many have been convicted of terrorism after orderly trials, which—even when they take place in military courts—have the same procedural and evidentiary standards as any other Israeli legal proceeding. After explaining this system, in conversation with Aylana Meisel-Diament, Maurice Hirsch addresses the critical question of how Israel will, and should, handle the possible trials of those who took part in the October 7 attacks, from terrorist foot-soldiers to the surviving leaders and planners. (Video, 46 minutes. Also available on podcast platforms.)

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