Netanyahu: For court to order Oct. 7 state commission of inquiry would ‘shred the separation of powers’

Prime Minister Benjamin Netanyahu has reportedly submitted to the High Court his response to petitions demanding that the government be ordered to establish a state commission of inquiry into the failures of October 7 and the subsequent war in Gaza, in which he claims that the court has “no authority” to make such a ruling.

The Ynet news site quotes Netanyahu’s response to the court: “The Commission of Inquiry Law expressly states that the government is the one that can decide on the establishment of a state commission of inquiry. This authority belongs to the government and not to any other entity. This honorable court has expressly stated that ‘the establishment of a state commission of inquiry is a matter for the government to answer and not for the court.'”

If the court were to order the government to form a state inquiry, it would “shred the principle of separation of powers and the system of checks and balances” in Israel, Netanyahu’s response is said to assert.

Hebrew media reported last month that Netanyahu has been trying to push legislation that would ban the establishment of a state commission of inquiry into the October 7 Hamas terror onslaught, in favor of a political commission of inquiry chaired by one coalition lawmaker and one opposition lawmaker.

He has repeatedly put off the establishment of any inquiry, and rejected a state commission — which is the body that enjoys the broadest powers until Israeli law — to investigate the government’s failures that enabled the deadly Hamas attacks, arguing that all investigations must wait until the fighting in Gaza ends.