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

Jeremy Sharon is The Times of Israel’s legal affairs and settlements reporter

People attend an anti-government protest demanding the establishment of a state commission of inquiry into Hamas's onslaught of October 7, 2023, at Habima Square in Tel Aviv, February 21, 2026. (Avshalom Sassoni/Flash90)
People attend an anti-government protest demanding the establishment of a state commission of inquiry into Hamas's onslaught of October 7, 2023, at Habima Square in Tel Aviv, February 21, 2026. (Avshalom Sassoni/Flash90)

The High Court of Justice gives 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 on October 7, 2023.

The decision means that the court will not issue a ruling on petitions asking the court to order the government to establish a state commission of inquiry into the terrorist assault, the worst-ever invasion of Israel’s borders, until after the upcoming election.

Prime Minister Benjamin Netanyahu has refused to establish a state commission of inquiry into the October 7 disaster, arguing in public, although not in court, 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. However, in July it 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 factions have vowed to set one up should they take control of the government.

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