High Court delays decision on October 7 state commission until after election

The High Court of Justice on Wednesday delayed any ruling on whether to order the government to establish a state commission of inquiry into the October 7, 2023, Hamas-led massacre until after the upcoming election.

Justices gave the government until January 15, 2027, to provide an update on how it intends to investigate the failings behind the catastrophic Hamas invasion and atrocities, the worst-ever invasion of Israel’s borders.

The decision leaves the matter until after the upcoming election, set for October 27, and likely after the establishment of the next government.

Petitions had called on the court to order the government to establish a state commission of inquiry into the terrorist assault. But the court appeared to accept the opinion submitted to it by Attorney General Gali Baharav-Miara, who last month maintained that the debacle merits a statutory state commission of inquiry, but that it should be the decision of the next government given the approaching election.

The Movement for Quality Government in Israel, one of the petitioning groups, disagreed with Baharav-Miara’s opinion when it was submitted, saying that it was not possible to call a panel “essential” and warn that further delaying it would jeopardize the investigation, “and in the same breath suggest to delay it again.”

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 has refused to establish such an inquiry into the October 7 disaster, arguing that an independent panel appointed by the Supreme Court would be biased against the government.

The government has in the last year said it would support an inquiry appointed by a panel of lawmakers, with its mandate and scope set by politicians. Critics say this is an attempt by those set to be investigated to control the probe and its outcome.

However, in July the government told the court that it had not had time to pass legislation establishing the inquest before elections were called.

A state commission of inquiry into the failings surrounding the massacre has been a major demand of families of victims and others since the attack took place, and opposition parties have vowed to set one up should they gain power.