While the government is promoting an "independent" investigative committee through the Knesset, the High Court is not waiting: Supreme Court Justices David Mintz, Alex Stein, and Yechiel Kasher signed a conditional order this evening (Wednesday) requiring the Israeli government to defend its position not to establish a state commission of inquiry.
""A conditional order is hereby issued directing the respondents to come and give reasons why the Government of Israel will not act in accordance with its authority in Section 1 of the Commissions of Inquiry and Torah Law to establish a State Commission of Inquiry that will examine independently, professionally and independently the totality of events in all matters related to the October 7 attacks," the judges wrote in the order.
The order was issued as part of petitions filed by left-wing organizations, demanding the establishment of a state investigation committee to examine the failures of October 7.
The petitions claim that only a state investigation committee - an independent body that stands above the political system, and headed by a judge - is capable of conducting a professional, independent and comprehensive investigation of all aspects that led to the failure: the intelligence, operational, command and political failures.
The decision to issue a conditional order does not require acceptance of the petition, but it signals that the court sees a real need for a substantive response from the government, and for an examination of whether the decisions taken so far on the investigation meet legal standards.
The government, on the other hand, is promoting the establishment of an "independent" investigative committee on its behalf, which is not a state investigative committee, and claims that it will be able to operate effectively and without political bias.
This is because the right has no confidence in Supreme Court Justice Yitzhak Amit, who is supposed to appoint the members of the 'State Investigation Commission'.
Three days ago, a discussion was held at a government meeting on the subject, during which ministers decided to establish an "independent" investigative committee - which would have full investigative powers. According to the decision, the composition of the committee "will reflect broad public consensus as much as possible.".
To this end, Prime Minister Benjamin Netanyahu has established a ministerial committee that will recommend within 45 days the mandate to be given to the investigative committee.
The Commission of Inquiry Law, enacted in 1969, authorizes the government to examine and approve the establishment of a commission of inquiry, as well as to define the areas of its examination.
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