October 7 on Trial
The 2023 October 7 attack marked the deadliest day in Israel’s history and triggered an urgent legal reckoning: How should the perpetrators of such atrocities be prosecuted, and under what framework? This Article addresses the complex challenge of prosecuting non-state actors engaged in asymmetric warfare, while ensuring credibility, fairness, and global legitimacy. It analyzes competing proposals over venue (domestic versus international), forum (civilian, military, or ad hoc), and applicable law (national, military, or international criminal law), situating the debate within broader struggles over post-conflict justice. Drawing on comparative experiences across international, hybrid, and domestic prosecutions of mass atrocities—from Nuremberg to the ICTY to Israel’s own Eichmann trial—the Article distills cross-jurisdictional lessons about procedural integrity, institutional legitimacy, and the symbolic power of law in moments of rupture. It cautions against the dangers of politicized justice and “show trials,” proposing a novel accountability framework designed to withstand both political volatility and legitimacy crises. In doing so, it positions the legal response to October 7 as a universally relevant test case with enduring relevance for the global fight against terrorism, one that may shape how democracies confront mass violence without compromising justice and the rule of law.
Cite as Ya’ara Mordecai, October 7 on Trial, 19 N.Y.U. J.L. & Liberty 245 (2026).