Knesset committee legal adviser slams bid to establish politically appointed Oct. 7 inquiry

Knesset Constitution, Law and Justice Committee legal adviser Gur Bligh levels criticism at a controversial Likud bill aimed at establishing a politically appointed probe into the state’s failures on and leading up to the Hamas-led October 7, 2023, attack.

The legislation, which passed its preliminary reading in December, is intended to establish a politically appointed commission rather than an independent state commission of inquiry, the country’s highest investigative authority.

The bid has been strongly criticized by Attorney General Gali Baharav-Miara, who said last year that it was “tailor-made” for the “personal” needs of the government.

Addressing lawmakers, Bligh objects to the legislation’s exclusion of current and former High Court judges, attorney generals, officers over the rank of major general, Shin Bet chiefs and members of the national security cabinet as members of the proposed inquiry.

“The harsh eligibility restrictions block the committee members from choosing individuals in whom they have confidence,” and “on a practical level, this harms the ability to conduct a factual inquiry,” says Bligh, asking how it is possible for investigators who never served in top military roles to evaluate the actions of the IDF General Staff.

“For all these reasons, the restrictions should be waived, and a basic rule regarding personal conflict of interest should be established instead,” he says.

Bligh also objects to the coalition’s desire to probe members of the judiciary, stating that “the demand to investigate judges creates great difficulty regarding judicial independence” and says that “investigating judges and imposing sanctions based on their rulings could deter them from judging in accordance with how they believe the law applies.”