Knesset passes 'Nukhba Law' – Funds for legal representation of Oct 7 terrorists to come from PA funds

Israeli government has previously withheld or repurposed tax payments to Palestinian Authority over terror support

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The Knesset last Wednesday approved a law that prohibits the use of state funds for the legal representation of terrorists accused of participating in the Oct. 7 Hamas massacres in 2023.

The Knesset approved the so-called “Nukhba Law" in the second and third readings last week. The law states that the fees for lawyers representing terrorists involved in the Oct. 7 massacre must be deducted from Palestinian Authority (PA) tax funds held by Israel, rather than from the state's budget. The law passed with 26 votes in favor and 4 against.

The Nukhba Law was proposed by Knesset Member Simcha Rothman of the Religious Zionism party, who also played a significant role in the Judicial Reform legislation in 2023. While primarily targeting terrorists caught following the Oct. 7 attacks, the law applies to all terrorists accused of carrying out attacks during the Iron Swords War.

After the law was approved, Rothman said: "This is an important step to correct a moral injustice. There is no reason why Israeli citizens should fund the legal defense of those who harmed them. Now, the money will come from the entity that supports terrorism.”

“We cannot tolerate a situation where bereaved families of murdered and massacred victims are indirectly paying for the legal defense of the perpetrators,” he added.

The Israeli government has previously attempted to withhold or redirect tax funds collected on behalf of the PA in response to its practice of paying stipends to individuals who commit acts of terror against Israeli citizens or to the families of terrorists killed during such attacks. These payments amount to millions of U.S. dollars annually and have been described by the U.S. government as a "pay-for-slay" program.

In July, Justice Minister Yariv Levin firmly opposed using state funds for the legal defense of terrorists, after the courts ordered that the terrorists be provided private counsel.

"In response to the court's decision that Israeli citizens will fund lawyers for terrorists, I say enough. I stand by my decision, which was made at the beginning of the war,” Levin said.

After the public defender's office announced it would not represent terrorists involved in the Oct. 7 massacre, the courts ordered that the terrorists be given private counsel. Levin and Finance Minister Bezalel Smotrich then announced that they would deny approval for state funds for the terrorists' legal defense.

Smotrich said, “Israeli citizens will not fund the legal defense for such disgusting enemies.”

The Oct. 7 terrorists caught by Israeli forces are in a unique legal position, as they are not considered to be lawful combatants and, therefore, do not fall under international human rights laws relating to prisoners of war.