Knesset panel revises bill creating political Oct. 7 probe, preserves coalition control

The Knesset Constitution Committee on Tuesday advanced legislation establishing a politically appointed commission of inquiry into the October 7, 2023, Hamas-led massacre, while removing a controversial provision allowing the state comptroller to fill vacant seats on the panel, but preserving the coalition’s ability to unilaterally appoint the commission.

According to the legislation, the coalition and opposition would each appoint three members of the six-member body. The Knesset opposition has pledged to boycott such a panel, calling instead for a state commission of inquiry, the country’s highest investigative authority.

Prime Minister Benjamin Netanyahu has rejected forming a state commission of inquiry because its members would be selected by the judiciary, which he claims is biased against him. Netanyahu’s government has engaged in a years-long effort to weaken the court system.

Instead, he has proposed a politically appointed inquiry into the massacre, which his opponents have vowed to boycott. Polls regularly show that most Israelis support a state commission of inquiry.

An earlier provision in the bill that would have allowed the state comptroller to fill positions left vacant by either side was removed following criticism that the mechanism would allow newly elected State Comptroller Michael Rabello, formerly Netanyahu’s personal lawyer, to effectively determine the composition of the panel if the opposition refused to participate.

However, the revised bill stipulates that the commission may begin operating as long as at least three members have been appointed, meaning that even if the opposition continues to boycott the process, a commission composed solely of coalition appointees could still conduct the inquiry.

In a statement, the Justice Ministry criticized the legislation, noting that its proponents had argued that the commission would be established through a process that enjoys “broad consensus” and reflects “the majority of the public,” but that the current proposal “undermines that principle.”

It noted that under the current proposal, “it is entirely possible that only the coalition will appoint commission members.”

The government is aiming to advance the legislation, which passed its preliminary reading in December, in the Knesset this week.

Late last month, the High Court of Justice gave the government until July 1 to come up with a “suitable framework” to investigate October 7, stopping short of ordering a state commission of inquiry into the onslaught, after a hearing on petitions calling for the court to force such an investigation.

The government has argued that the court has no authority to order it to establish a state commission of inquiry.

The onslaught, when thousands of Hamas-led terrorists invaded southern Israel, killing some 1,200 people and abducting 251, was the deadliest day in Israel’s history, and sparked the war in Gaza.

The demand for a state commission of inquiry into the Hamas-led onslaught has featured prominently in protests and political campaigns against Netanyahu.