High Court expands panel for Oct. 7 state commission of inquiry petitions to 7 justices

The High Court of Justice decides to expand the panel of judges hearing petitions requesting that the court order the government to establish a state commission of inquiry into the October 7, 2023, Hamas invasion and atrocities to a panel of seven.

The High Court expands panels when it considers an issue to be especially important and sensitive. The decision is made by Justices David Mintz, Alex Stein, and Yehiel Kasher.

In November, the High Court issued a conditional order against the government requiring it to explain why it was not establishing a state commission of inquiry. Conditional orders switch the burden of proof from the petitioner to the respondent, in this case the government, and often indicate that the court believes the petition may have merit.

The government has refused to establish a state commission of inquiry, the only form of inquiry available under the law that is fully independent from politicians.

The coalition is instead advancing a bill in Knesset that would create a new form of inquiry where the coalition and opposition get to handpick the members of the commission. The opposition is, however, boycotting the committee process for that legislation, and has vowed to boycott any process for creating such an inquiry, should that bill pass.