Israel is considering the possibility of trying Hamas members in a special court. Israel's Unlawful Combatants Law, passed in 2002, allows Tel Aviv to detain combatants who have acted in violation of the international laws of war for an extended period of time.

The court will be asked to determine whether the combatants were involved in serious war crimes that would be defined by law, including “a war crime that includes mass murder” The decision will ultimately be made in consultation between the political level and the legal advisory body, and will likely be affected by the deal to release detainees held by Hamas.