High Court orders government to explain why it is not establishing a state commission of inquiry into Oct. 7

The High Court of Justice issues a preliminary order against the government, instructing it to justify its reasons for not establishing a state commission of inquiry into the events surrounding the catastrophic Hamas invasion and massacres in southern Israel on October 7, 2023.

The court demands to know why the government is not exercising its authority to establish such a commission, which could “examine in an independent, professional, and impartial manner” the events surrounding the October 7 attacks.

Preliminary orders switch the burden of proof from the petitioner, in this case several liberal watchdog groups, to the respondent – the government – and indicate that the court is taking the petitions very seriously.

The government has until January 4 to respond.

The government announced earlier this week that it intends to create some form of government-backed commission and formed a ministerial panel to select the topics and timeframes it believes should be probed.

The committee is scheduled to report to the cabinet on its recommendations for the format and mandate of that commission by the end of December.

The government has long resisted an independent state commission of inquiry, in which the members of the investigative body are chosen by the Supreme Court president.