‘What part of the government’s conduct hasn’t been extreme?’ demands High Court justice at Oct. 7 hearing

The High Court justices express skepticism over the arguments of government representative Michael Rabello that the court has no authority to order the government to establish a state commission of inquiry into the October 7, 2023, Hamas invasion and atrocities.

The judges point out that even though the court has to date never ordered the government to establish a state commission, it has ruled previously that in extreme circumstances it would have the authority to do so.

“All the rulings of the High Court establish that the court has the authority to intervene in irregular and extreme circumstances. Is this an irregular situation?” Justice Yael Wilner asks Rabello.

Justice Noam Sohlberg makes a similar point even more forcefully.

“Is the decision of the government not extreme,” asks Sohlberg, in reference to the government’s refusal to establish a state commission of inquiry, alongside its failure to advance legislation enabling the establishment of a politically appointed commission of inquiry.

“In practice, nothing has been done. Is this not an extreme situation? What part of the government’s conduct hasn’t been extreme up to this point?” Sohlberg demands.