Legal frameworks for mass terrorism: the October 7th attack and implications for security law

Abstract This article discusses the legal ramifications posed by mass terrorist attacks, considering the widespread legal discourse unfolded by Hamas’s attack on 7 October 2023, on the state of Israel. While focusing on the challenges presented to existing legal frameworks, the article evaluates the efficacy of current theoretical approaches. It provides pragmatic guidelines for establishing a specialized and cohesive legal framework. Through critical analysis of relevant legal principles and structures, the article addresses the unique evidentiary and procedural obstacles arising from the unprecedented scale and nature of those attacks, including the systematic use of sexual violence. By proposing a hybrid legal model that balances security imperatives with human rights protections, this research contributes to the ongoing development of effective and principled legal responses to mass terrorism. It suggests principles for establishing a specialized legal framework while addressing the distinct evidentiary and procedural obstacles arising from the unprecedented scale, brutality, and number of crimes committed.