Attorney general: Overdue state inquiry into Oct. 7 should now wait for next government

Attorney General Gali Baharav-Miara said Wednesday that the establishment of a state probe of security failures surrounding the Hamas-led onslaught of October 7, 2023, should at this point wait until a new government is formed after this year’s October 27 election.

In a filing to the High Court of Justice, Baharav-Miara maintained that the debacle merits a statutory state commission of inquiry, and chided the government for failing to form any official investigation, nearly three years after the massacre that sparked the war in Gaza.

A state commission of inquiry is Israel’s highest investigative authority, with unique power to investigate national disasters, subpoena witnesses and issue personal recommendations that can end political careers. It is established by government decision, but acts independently of it, and comprises experts selected by the judiciary.

Prime Minister Benjamin Netanyahu, whose government has sought to extend political control over the judiciary, has rejected the establishment of such a commission, claiming it would be biased against him, as it is appointed by the Supreme Court chief. He has instead pushed for a government-backed probe with a mandate determined by the ruling coalition, giving the coalition greater control over potentially damning findings.

Petitioners, including protest groups and families of people abducted or killed in the massacre, have petitioned the High Court to force the government to establish a state commission of inquiry.

The government said in a court filing last month that it ran out of time to push through its politically appointed probe before the Knesset dissolved. Citing the political sensitivity of the issue, the government urged the court to wait until after the election to rule on the petitions.

In a response, Baharav-Miara told the High Court on Wednesday that “given we are at the height of the election season for the 26th Knesset, and in light of the moderation and restriction requisites that apply to the outgoing government… it is proposed to let the next government deliberate and decide on the matter.”

Baharav-Miara said she proposed holding off on the probe despite the “highly unusual” amount of time that the government has gone without setting one up.

The elapsed time “creates great difficulty, and could harm the effectiveness of the future investigation and cause damage to evidence,” she said.

The attorney general also reiterated her view that a state commission of inquiry was “unmistakably the appropriate and designated legal apparatus” to probe the massacre and the war.

“The unique characteristics of a state commission of inquiry, as set out in the law, enable a professional, effective and independent investigation,” she said. “It’s difficult to imagine more extraordinary and extreme circumstances than the events of October 7 and the war, which justify — even require — the formation of a commission of inquiry with these characteristics.”