Netanyahu: High Court has no right to order state commission of inquiry into Oct. 7
Responding to petitions demanding state commission, lawyer for PM asserts the court would ‘shred the principle of separation of powers’ if it ordered the government to set it up
Prime Minister Benjamin Netanyahu on Monday 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, claiming that the court has “no authority” to make such a ruling.
“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,” said the response, which was filed on Netanyahu’s behalf by attorney Michael Rabilo. “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, the response asserted.
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 to investigate the government’s failures that enabled the deadly Hamas attacks, arguing that all investigations must wait until the fighting in Gaza ends, a stance repeated in Monday’s court filing.
“Only at the end of the war is it proper that the government be required to decided on what time of committee will be formed,” the response declared.
The filing came a week after the independent Civilian Commission of Inquiry released a scathing report that tore into Netanyahu, accusing him of undermining the government’s national security decision-making process, creating a rift between Israel’s political and military leadership and leaving the country unprepared for Hamas’s devastating October 7, 2023, incursion.
The report also alleged the entire government had “failed its primary mission” and that the Israel Defense Forces, Shin Bet, and other organizations “completely failed to fulfill their sole objective — protecting the citizens of Israel.”
Members of the committee, which was established by relatives of the victims of the attack in light of Netanyahu’s continued refusal to approve a state commission of inquiry and his insistence that he is not to blame for any of the failures, cautioned that their work could not replace that of an official probe with the power to subpoena witnesses, but said that what they had heard was extremely concerning.
State commissions of inquiry, the inquiry body that enjoys the broadest powers under Israeli law, are typically headed by a retired Supreme Court Justice. Esther Hayut would be a potential choice for that role, after her tenure as president of the top court ended a year ago. But Netanyahu is reportedly vehemently opposed to her appointment, given her outspoken criticism of his government’s effort to radically overhaul the judiciary.
