US federal judge delegation explores Oct 7 challenge to Israeli legal system

A delegation of 14 US federal judges arrived in Israel on Sunday for a week-long educational tour on the impact of the October 7 Hamas massacre and its challenges to the Israeli legal system and the laws of war.The delegation, facilitated by the World Jewish Congress, saw the judges visit the Supreme Court and meet with Justice Ofer Grosskopf.

“We came to learn about how the Israeli legal system works,” said Florida Southern District Court Judge Roy Altman, one of the trip organizers. The Jewish Venezuelan-born judge—the youngest federal judge appointed in the US—wanted to know how the legal system addressed terrorism in general and post-October 7. He noted that the United States saw a lot of new security legislation introduced since the September 11, 2001, terrorist attacks, and the discourse centered around the balance of individual rights against safety concerns.

Altman said he was interested in learning “How is Israel managing that balance?” US Federal Claims Court Judge Matthew Solomon, another trip organizer, said that it was apparent how deeply the October 7 attack hurt Israelis and Israeli society. Arkansas Eastern District Court Judge Lee Rudofsky, the third trip organizer, hoped that the effects of the collective trauma the country had endured would be temporary – Israelis, in his eyes, were surviving but not truly living.

Rudofsky felt it was important to witness the atrocities of October 7. He said he was reminded of how General Dwight Eisenhower made sure to document the Holocaust during World War II. As community leaders, Rudofsky wanted them to see things from their own eyes so that they could talk to their community members about the subject. The judge thought it was amazing that so many of his colleagues came to learn about Israel on October 7, when they had such busy schedules.

Judges explore international humanitarian law from Israeli perspective

The judges’ trip included exploring International Humanitarian Law and the laws of war from the Israeli perspective. The delegation spoke on Monday to Foreign Ministry legal adviser Tal Becker, who defended Israel before the International Court of Justice against South Africa’s genocide accusations. On Wednesday, the delegation met with IDF representatives, who discussed the laws of warfare and the legal challenges faced on the battlefield.

Rudofsky said the trip provided the political and social context to Israel’s legal system. This context was emphasized by former president Reuven Rivlin, who welcomed the delegation to Jerusalem on Tuesday. Rivlin said that the judges needed to know the context of the existence of the Jewish state, of the trials and tribulations the Jews had endured in the Diaspora, and how they had no other state they could ultimately rely on.

The need for Israel as a democratic and Jewish state was all the more critical in the aftermath of October 7, in which Hamas had killed people because they were Jewish. Supported by Iran, he said that the goals of Hamas were not in the interest of Palestinian political aspirations but about the genocide of Jews worldwide. Rivlin noted that no state would tolerate an attack like October 7 and would have struck back harshly.

“Never again is now,” Rivlin said, explaining that the world needed to understand Israel’s need to protect itself. “The phrase ‘Never again’ is not to remind us; it’s to remind the world.” October 7 made it clear, Rivlin said, that a future Palestinian state would have to be demilitarized, and Israel would be in charge of security arrangements “from the Jordan River to the Mediterranean Sea.”

“Our destiny is a way to live together,” said Rivlin. “Judaism is not at war with Islam.” He noted that Israel should not mistreat any of its citizens, but Israel must remain a Jewish and democratic state.

Florida Southern District Court Senior Judge Rober Scola said that he and the entire world are hoping for peace in the Middle peace and hope that Israelis and Palestinians would one day cease fighting over the land and achieve harmony.

On Monday, the delegation spoke to a Palestinian activist, who Scola said impressed upon him the needs required to achieve peace. He hoped that the activist was not a lone voice in the Palestinian community but represented a broader consensus.

Altman said that the judges were there to learn from all sides; in addition to hearing from the Palestinian activist, they also “heard from the acting American ambassador at the time of October 7, so we also heard the American perspective.”

While he hopes to see advancement toward peace, Scola said that trust and the quest for peace was going to require the return of the hostages, and it must be appreciated that it is going to take a while for Israelis to process the trauma of October 7.  

“One palpable thing is how devastating this attack has been to the people here,” said Scola. The crimes of torture, rape, mutilation, and murder were horrific. For a large country of 350 million like the United States, it could be challenging to understand how the massacre could impact everyone in a small country like Israel.

Rivlin told the judges that he disagreed with the idea that October 7 was facilitated by a state of weakness created by the judicial reform debate. The former president said that there were important principles that the different “tribes” of Israel had to figure out. He noted the difficulties created by the lack of a constitution and how the ease of change of the quasi-constitutional Basic Laws allowed the government to do what it pleased.

Solomon said that he was dismayed by the divisions during the proposed 2023 judicial reform. “I wish that Bnei Brak and Mea Sharim wouldn’t impose its beliefs onto Tel Aviv, the same way that Tel Aviv should show respect for what makes this a Jewish state,” said Solomon.

Scola said that what has been happening in Israel and the US in terms of challenges to judicial independence, the rule of law, and democracy itself has many parallels. He hoped that by coming to Israel, he could learn how Israel was managing these issues and bring these lessons back home—and perhaps he would be able to offer his own insights to help decision-makers in the Jewish State.

Altman said that the judges wanted to see how the proposed reform had altered the Israeli legal system. He said that they were interested in learning about the many differences between the American and Israeli court systems.Altman noted several differences. While Israel has a Judicial Selection Committee, judges in the US are appointed by the executive branch and approved by the legislative branch. Israel only has the Basic Laws, but the US has its Constitution. Altman said they spent much of their time reviewing petitions against legislation to see if it violated the supermassive document.

In the US, standing requirements were far more restrictive, with plaintiffs needing to have been harmed by an incident and defendants having to petition the High Court. In Israel, an NGO could file a lawsuit against the IDF and go straight to the Supreme Court.

“This mission is a testament to our commitment to truth and justice, offering these distinguished judges a firsthand insight into Israel’s legal responses and the broader struggle for security,” stated WJC Chief Marketing Officer Sara Friedman. “The challenges Israel faced following October 7 have demanded unparalleled legal and moral fortitude, and through this initiative, we aim to highlight the resilience and integrity of Israel’s legal system.

As the international community contemplates the ramifications of these events, including the request for an investigation by the International Court of Justice, it is imperative now more than ever to stand with Israel.”Altman said that, as an American, he felt that the antisemitism that had been growing in both his country and abroad was a reflection of October 7.

“Antisemitism is a manifestation of something rotten at the heart of society,” said Altman. “We have a responsibility as leaders of the community to identify and root out antisemitism.”