Dodging state probe, government said to okay Oct. 7 inquiry whose powers it will set

The government has decided to establish a commission of inquiry into the failures surrounding Hamas’s October 7, 2023, onslaught, though it will not be a state commission of inquiry and its mandate will be determined by cabinet ministers, according to multiple Hebrew media reports.

According to the reported resolution, the panel will be “independent,” will have full investigative authority, and the government will strive for its makeup to receive “as broad public approval as possible.”

Prime Minister Benjamin Netanyahu will form a special ministerial panel that will be in charge of determining the commission’s mandate, including the topics and timeframes that will be probed. This ministerial panel will have 45 days to submit its recommendations to the government.

The government has long opposed the establishment of a state commission of inquiry into the October 7 catastrophe, originally on the grounds that such an inquiry could not be conducted while Israel was at war, but later due to accusations by several cabinet ministers that Supreme Court President Isaac Amit could not be trusted to appoint a fair-minded judge or retired judge to head the panel.

The High Court of Justice told the government on October 15 that there is “no real argument” against the need to establish a state commission of inquiry in its decision over petitions demanding the establishment of such an inquiry. It gave the government 30 days to submit a new update about “the fate” of such a commission.

Netanyahu has repeatedly asserted that it is the security establishment — not political leaders — that failed to prevent the deadliest attack in Israel’s history.

Critics claim Netanyahu — who, unlike other senior officials, has not publicly taken responsibility for the failures surrounding October 7 — wishes to establish a governmental committee over whose makeup he will have greater control, and with lesser powers than a state commission, which they argue would hinder its ability to reach the truth and enforce accountability.