Netanyahu Government Urges High Court Not to Intervene in October 7 Probe

The government says it will continue to advance its bill to establish a government-controlled probe after Israel's October election, while October 7 victims' families, watchdog groups and opposition bloc members accused Netanyahu of seeking to avoid accountability

July 22nd, 23PM July 22nd, 23PM

The Israeli government told the High Court of Justice on Wednesday that legislation to establish a commission of inquiry into the failures surrounding the October 7 Hamas attack has been delayed due to Knesset scheduling constraints, urging the court not to intervene as Israel heads toward a general election.

In its statement issued to the court, the government said that the October 7 probe and the form such a probe should take, whether it be an independent state commission of inquiry or a politicized, government-appointed panel, is positioned "at the heart of a political dispute between the parties running in the election," deeming a court ruling or even intervention in the matter inappropriate.

"At this time, as the election approaches, it is appropriate that the court exercise restraint and moderation," seeing as this period is rife with political tension.

In its filing to the court, the government said the Knesset did not have enough time to complete the bill's second and third votes before entering its election recess. It added, however, that it intends to apply legislative continuity, which allows a bill approved in its first vote to advance to the next Knesset after an election, rather than starting from scratch, shortly after the next Knesset is sworn in.

The government also stressed that it continues to insist on having the court dismiss the petitions on the matter, regardless of the upcoming election.

Earlier this month, in a legislative blitz before the Knesset term ended, a bill to establish a politicized commission of inquiry investigating Hamas' attack on October 7, 2023 passed its first of three Knesset votes, in the government's latest bid to shape any future inquiry into the failures surrounding the assault. Fifty-nine MKs voted in favor, with none against, after all opposition lawmakers boycotted the vote.

According to the updated bill, if opposition lawmakers choose not to take part in appointing the committee members, the probe could still be conducted with just three members, all of whom would be appointed by members of the coalition headed by Prime Minister Benjamin Netanyahu.

Israel's High Court in November last year ordered the government to explain why it has not formed a state commission of inquiry into Hamas' attack on October 7, 2023.

The order came during hearings on petitions calling for an independent state commission, following the government's decision to set up its own ministerial investigative panel.

The judges instructed the government, Prime Minister Benjamin Netanyahu, and Justice Minister Yariv Levin to submit their responses by January 4. The deadline was later extended to July 1, as the government had yet to pass legislation on the matter.

Democrats party chairman Yair Golan responded to the government's announcement on Wednseday: "A state commission of inquiry will be established on October 28," a day after the date set for Israel's general election.

The October Council, which represents families affected by the October 7 attack, said: "This is an unprecedented display of contempt for the court, the rule of law and the Israeli public. We expect the court to respond with the full force of the law and hold Prime Minister Benjamin Netanyahu and his representatives personally accountable for contempt of court."

The Zulat Institute, one of the petitioners seeking the establishment of a state commission of inquiry, said: "As we argued from the very beginning, Netanyahu has done everything possible to prevent an investigation into the failures. The time has come for the High Court to intervene and deliver justice to all those harmed by the failures of October 2023."

Also on Wednesday, the families of Alon Shamriz, Yotam Haim and Samer Fuad El-Talalka – the three hostages mistakenly shot dead by Israeli troops after escaping captivity in Gaza in December 2023 – petitioned Israel's High Court of Justice demanding the IDF hand over all investigative materials related to their deaths.

The families are seeking the operational debriefings, the Military Advocate General's legal opinion and the decision not to open a criminal investigation.

They are also requesting all information provided to troops before the incident about the possible presence of hostages in the area, the rules of engagement, radio communications, all footage of the incident – including recordings from GoPro cameras mounted on dogs operating with the forces – and details of the hostages' clothing, belongings, flags and signs found at the scene.