Israel approves 'Elite Law' budget to prosecute Hamas prisoners and prevent their inclusion in exchange deals

The Israeli government has approved a joint financial and military plan between the Ministries of Defense and Finance, aimed at activating what is known as the 'Elite Law' to prosecute Hamas members who participated in the October 7, 2023 attack. This step comes within the framework of the occupation's efforts to legitimize exceptional judicial procedures targeting Palestinian resistance fighters under local legal cover.

According to the approved details, a massive budget exceeding one billion shekels, equivalent to approximately 270 million US dollars, has been allocated to cover the expenses of these trials during the period between 2026 and 2029. These funds will be directed towards building an integrated infrastructure that includes military court complexes, public prosecution offices, and the necessary computing and communication systems to manage the sessions.

The new law stipulates the establishment of a special military court to try 250 prisoners from the Izz ad-Din al-Qassam Brigades, the military wing of Hamas. Among the most controversial provisions is the inclusion of a substantial reservation that absolutely prevents the inclusion of these prisoners in any future exchange operations, thereby closing the door to their release through negotiated channels.

For his part, Israeli Defense Minister Yoav Gallant stated that these measures represent a firm message to those he described as 'enemies,' emphasizing the continuation of the military judicial process. In the same context, Finance Minister Bezalel Smotrich affirmed that the government is committed to providing all necessary financial resources to ensure the unhindered operation of this exceptional judicial system.

The Israeli Knesset witnessed broad agreement between the coalition and the opposition on this legislation, with 93 members voting in favor, reflecting an internal political consensus on adopting retaliatory policies. Observers believe that this approach transforms the judiciary into a tool for political propaganda and psychological warfare, far from internationally recognized standards of justice.

In contrast, Hamas condemned this law, describing it as a racist and void act lacking any legal legitimacy, and considered it a blatant attempt to evade the requirements of exchange deals. The movement affirmed in a statement that bypassing the rules of evidence and usual legal procedures reveals the vengeful nature of the occupation system that seeks to punish prisoners outside the framework of international law.

On the international legal front, the 'Elite Law' faces sharp criticism for its explicit contradiction with the Third Geneva Convention, which guarantees the rights of prisoners of war and protects them from sham trials. Experts also warn that depriving prisoners of the right to a fair trial before ordinary courts may constitute a war crime under the Rome Statute of the International Criminal Court.

This law represents a dangerous escalation and an Israeli attempt to evade any future prisoner exchange deals.