The fighting in the Gaza Strip continues in full force, but many in Israel are rightly ahead of the day after victory. Mostly because of the need to ensure that another threat of the kind that exploded in our faces on 7 October never develops again in Israel. To this end, the destruction of the enemy must first be completed – not only from the military aspect, but also from the cognitive and legal aspect.
The defeat of Nazi Germany did not end with a ceremony in which the heads of its army signed an unconditional surrender. Not even on the famous occasion of raising the Soviet flag over the Reichstag building - although this victory picture had an impressive cognitive effect. The victory over Germany was sealed as a resounding exclamation point at the Nuremberg Trials, a series of show trials held for the leaders of the defeated country and the heads of the Nazi apparatus by the victorious allies.
Military victory over the terrorists in Gaza is necessary, but it alone is not enough. The foreheads of those of them who survive (and my hope is that there will not be many) will have to be burned with a mark of Cain, and for that - they will have to be prosecuted, and not in the usual way.
Just as the Nuremberg Trials were required to hammer a final cognitive and legal nail in the coffin of German Nazism, and to undermine it in the world's consciousness as absolute evil, a similar legal process will be required to publicly prosecute terrorists from Hamas and other terrorist organizations. Just as on the bench of the defendants in Nuremberg were returned alongside the heads of the Nazi state its military personnel, who are responsible for the economy and even those who conducted German propaganda, here, in addition to the murderers who possess weapons, we must bring to the pillar of disgrace of the future trial terrorist operatives of all kinds: diplomatic emissaries of Hamas, its financiers and, of course, preachers and inciters.
In order to prosecute Hamas criminals, we will have to establish a special tribunal and enact a law similar to the law for bringing Nazis and their collaborators to justice, enacted in 1950. The horrific crimes, to which only the crimes of the Holocaust are paralleled in modern times, require deviation from the law and standard procedures, and require that the crimes of Hamas and its accomplices not be subject to statutes of limitations and amnesty. There is no statute of limitations for evil, and there is no moral justification for forgiving it.
A special tribunal will make it possible to undermine anti-Semitic terrorism as a whole, and not only the heads of terrorist organizations or individual perpetrators. There they will discuss the Hamas charter, which demands the destruction of the State of Israel, and not just the evidence. There they will expose the poisoned tree to the eyes of the world - from the roots of jihadist ideology, through the organizational race that recruited thousands to Hamas' Einsatzgruppen, to the branches that murdered, tortured, raped and abused.
The horrific crimes, to which only the crimes of the Holocaust are paralleled in modern times, require deviation from the law and standard procedures, and require that the crimes of Hamas and its accomplices not be subject to statutes of limitations and amnesty. There is no statute of limitations for evil, and there is no moral justification for forgiving it
The similarity between the original Nazi deeds and Hamas, which they learned from them, is so great that most of the offenses that appear in the Nazis and their collaborators law will be copied into the new law, and especially the opening section, entitled "Crimes against the Jewish People, Crimes against Humanity and War Crimes":
A person who has committed one of the following offenses: (1) has committed an act that constitutes a crime against the Jewish people; (2) has committed an act that is a crime against humanity; (3) If he commits an act that constitutes a war crime, he shall be sentenced to death.
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