Cochav Elkayam-Levy and Irwin Cotler: How will Israel find legal justice for the atrocities of October 7? - opinion
ISRAEL HAS never shied away from legal innovation. Nazi leader Adolf Eichmann’s trial in 1961 helped forge the modern architecture of human rights law and universal jurisdiction.NYPost Editorial: Arab nations are getting wise to Hamas — even as others foolishly squeeze Israel
The crimes of October 7 demand a similarly groundbreaking legal response. Even before October 7, Hamas repeatedly called for the destruction of Israel and the genocide of Israelis, conduct that may constitute incitement to genocide under Article III(c) of the Genocide Convention.
A hybrid tribunal model, comprised of Israeli and international judges, prosecutors, and defense attorneys, would bring global standards and expertise to bear while remaining rooted in the communities most affected. Such a tribunal would not only try perpetrators but also elevate these atrocities from local tragedy to global reckoning.
In this context, one of the darkest chapters of October 7 was the systematic use of sexual violence as a weapon of terror. Precedents from Rwanda and the former Yugoslavia have shown that such acts must be prosecuted with diligence and victim-centered care.
The sexual violence we have documented for months now at the Civil Commission on October 7 Crimes Against Women and Children underscores the necessity of international law in addressing such atrocities.
Over the past decades, the international legal framework has become essential for uncovering and prosecuting these crimes. Hamas’s use of sexual violence on October 7 must be understood within this context. A hybrid tribunal, equipped with trauma-informed procedures, as well as international best practices and liability models, can ensure that these crimes are understood and neither minimized nor forgotten.
October 7 also included the deliberate targeting of families. Our findings reveal distinct patterns: families murdered together and subjected to similar forms of torture; victims forced to witness atrocities committed against their loved ones; entire families abducted; violent and intentional separations of family members; and the use of digital and social media to broadcast abuses directly to the victims’ families and the general public, including through the victims’ own devices and social media accounts.
These were not isolated incidents. Hamas used tactics designed to weaponize the most fundamental human bonds. Above all, this conduct represents an emerging threat in the landscape of modern terrorism that demands urgent international recognition and accountability.
Recognizing and condemning this family-targeted terror, which we have named kinocide, could play one of the most critical roles in legal proceedings for justice, both for the victims and for the world, in the aftermath of the attack. These prosecutions could set a vital precedent that enables the international community to understand this form of cruelty.
SOME WILL say such a tribunal is politically unfeasible. Israel is deeply divided internally, with growing mistrust in institutions and no clear political horizon. Internationally, it faces increasing isolation as the war continues. In addition, questions will arise: What about the crimes allegedly committed by Israel?
However, prosecuting October 7 does not preclude other accountability efforts. Justice is not mutually exclusive, and deferring prosecution in the name of symmetry risks rewarding the gravest atrocities with silence.
A credible legal response to Israel’s conduct will depend on future developments, most critically, whether Israel’s leadership undertakes the necessary steps to investigate alleged violations, establish an independent and effective state commission of inquiry, and prosecute war crimes.
The immediate legal reality cannot be escaped: Israel currently holds hundreds of suspects in custody for the worst crimes committed on its soil in decades. To delay prosecution is to deny victims their rights and to abandon the rule of law when it is needed most. Justice does not always require consensus. In its earliest stages, it requires resolve and clear vision.
Democratic allies in the US, European Union, UK, Germany, Canada, France, and beyond – several of whom have already launched investigations to pursue the perpetrators of October 7 – can serve as crucial partners in establishing an international mechanism.
Such a court, designed in cooperation with trusted international legal experts, would bypass political gridlock and embody the very principles it seeks to uphold: impartiality, justice, and the dignity of victims whose suffering demands recognition and redress.
The Nuremberg Trials didn’t just prosecute criminals; they redefined how the world responded to atrocity. The same is possible now. A hybrid tribunal for October 7 can deliver more than justice. It can deliver history, memory, and perhaps, healing.
Most media ignored last week’s most important Middle East development: Arab nations for the first time publicly slammed Hamas’ Oct. 7, 2023, massacre and demanded the terrorists surrender power, disarm, and release their hostages.Andrew Fox: Strategic and diplomatic shambles
OK, it’s a low bar. But it’s progress, and a lot more meaningful than British Prime Minister Keir Starmer’s threat to recognize a Palestinian state or the other maneuvering over Gaza’s food crisis.
The landmark demands came in a seven-page declaration Tuesday by 17 countries, plus the European Union and the entire 22-member Arab League, including Saudi Arabia, Egypt, and Qatar.
They reflect a willingness — finally! — to publicly acknowledge that Hamas’ ouster is necessary to end the war in Gaza and thus ease the suffering of its civilians.
Hallelujah: We’ve stressed since Day 1 that the conflict can’t end with Hamas in power; the group, after all, openly vows to keep attacking the Jewish state until Israel is destroyed.
Perhaps the Gaza food shortages got the Arabs’ attention — even if most reports misled readers by tacitly (or even openly) blaming Jerusalem for them.
Bigger picture: Nations like Saudi Arabia and Qatar, egged on by President Donald Trump, are now eager to normalize relations with Israel, though they want the Gaza fighting to end first.
Sadly, other parts of Tuesday’s statement are as misguided as ever, calling for Hamas to “hand over its weapons to the Palestinian Authority, with international engagement and support, in line with the objective of a sovereign and independent Palestinian State.”
With Gaza then seeing “the deployment of a temporary international stabilization mission upon invitation by the Palestinian Authority and under the aegis of the United Nations.”
The Palestinian Authority? The United Nations?
Neither is fit for real responsibilities: The PA is nothing but an autocratic kleptocracy that uses international-aid funds to enrich its leaders and to pay terrorists to kill Israelis; even clueless President Joe Biden insisted it would have to be “revitalized” before it could play any role in Gaza.
UN peacekeepers, meanwhile, have never managed to keep peace anywhere in the Middle East; instead, the world body’s presence — e.g., via groups like the UN Relief and Works Agency — has only fueled violence in the region.
Even more brainless is Starmer’s threat to recognize a Palestinian state, along with France and Canada’s plans to do so next month, “unless the Israeli government takes substantive steps to end the appalling situation in Gaza, agree to a cease-fire and commit to a long-term, sustainable peace, reviving the prospect of a two-state solution.”
Israel lost the narrative war not because it was wrong, but because it was outplayed. While Israeli spokespeople cited legal justifications and battlefield data, Hamas flooded global media with images, emotion, and deception. From the Al-Ahli hospital blast to footage of hostages in tunnels, Hamas weaponised perception, and the world bought it. Every misstep by Israel was magnified; every atrocity by Hamas was downplayed or forgotten. Strategic defeats in the court of public opinion overshadowed tactical victories on the ground.
Now, with global support for Israel waning significantly, Hamas has shifted its demands from resistance to statehood. They speak the language of diplomacy while holding hostages underground. Their atrocities are reframed as a cry for freedom. Even more disturbingly, many in the West are buying it.
The recognition of Palestinian statehood under current conditions would be the crowning achievement of Hamas’s propaganda campaign. It would reward mass murder with legitimacy and render the IDF’s sacrifices meaningless. Worse, it would solidify Hamas, not the Palestinian Authority or any moderate actor, as the de facto representative of the Palestinian people. Recognising a state now is not a rebuke of Hamas or a step to their removal; it is to grant Hamas its greatest victory.
This puts Israel in a vice. Capitulate, and it accepts the promise of a genocidal regime on its doorstep, one that openly declares its intent to continue fighting until Israel is destroyed. Resist, and it faces even more resounding international condemnation, lawsuits in The Hague, and the likelihood of severe sanctions. In such a scenario, even basic diplomatic recognition may be withdrawn. That level of isolation could threaten Israel’s very survival.
It did not have to be this way. Israel’s strategy has been abysmal. A ceasefire in November could have salvaged Israel’s international position, preserved goodwill for future hostilities if necessary, and potentially secured more hostages when Hamas was weakened and cornered. That window has closed, but the logic behind it remains valid. More war will not fix the damage already done. More war will not bring the hostages home.
Every bomb dropped now plays into Hamas’s hands. Every Israeli counterattack fuels the narrative of disproportionate aggression. Every day the war drags on, the world moves closer to legitimising Hamas as a political entity. Continued fighting may bring further tactical success, but at what cost? The loss of alliances, the abandonment of hostages, and the global transformation of Hamas from pariah to power broker.
Backing Israel into a diplomatic corner will not end the war. It will prolong it. Recognition of Palestinian statehood at this moment does not pressure Israel into peace: it pressures Israel into escalation. Israel, forced to choose between a potential forever war and resistance, will choose to fight. The result will not be peace, but more death.
Now is the time to return to strategy and to stabilise. Israel must consider another ceasefire; not as a surrender, but as a strategic pause to recalibrate, rescue hostages, and rebuild alliances. International actors must understand that recognising a Palestinian state today, with Hamas at the helm, is not diplomacy; it is appeasement that will bring further violence and death in Gaza, with the inevitable collateral damage that comes with it.
Israel is not wrong to want security. It is not wrong to try to destroy a group committed to its destruction, but it must also be wise. Wisdom means knowing when to stop digging. Tactics without strategy is the noise before defeat. It is time to cease fire, not because Hamas deserves mercy or because Western leaders demand it, but because Israel deserves a future.
However, here is the issue: Israel cannot take that option whilst meddling, performative governments dangle the sword of Damocles over their heads and all but guarantee that the violence must continue. Israel can never agree to the proposal put forward by Hamas. If the international community tries to force them to, Israel is left with no choice but to destroy the source of that proposal, and the violence will continue. The wretched idiocy of self-interested politicians knows no bounds.
From Jerusalem, to Paris, to London, to Ottawa, to Washington: what a shambles.




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