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The open wound 

Historic Hearing on Oct 7 Failures Explodes into Courtroom Mutiny

Bereaved families demand that justices respect their pain and acknowledge the judiciary’s own role in the failures leading to the 2023 massacre; hearing resumes after chaos led to MK Tali Gottlieb’s removal.

The discussion on the Incapacity Law
The discussion on the Incapacity Law (Photo: Haim Goldberg/Flash 90)

The Israeli High Court of Justice convened today for a high-stakes hearing on petitions demanding a State Commission of Inquiry into the October 7, 2023, failures. However, the legal debate quickly turned into a direct confrontation between the bench and the petitioners.

Families of the fallen and victims of the Hamas massacre addressed the justices with raw intensity, arguing that the judiciary itself cannot remain a neutral observer. "You also carry responsibility for the concepts that collapsed," one representative shouted, calling on the judges to respect the families' sacrifice and order an independent investigation that would examine all branches of power, including the legal system.

The petitioners emphasized that the government’s refusal to establish a commission nearly two and a half years after the tragedy is a betrayal of the public trust. They argued that only a State Commission, appointed by an independent body, can provide the truth that the bereaved families and the entire nation deserve. The government, meanwhile, maintains that the court lacks the authority to intervene in what it defines as a purely executive decision, sparking a fundamental constitutional clash over the separation of powers.

The emotional hearing was marred by significant disruptions, leading security to briefly evacuate the justices from the hall due to safety concerns. Tensions peaked when Likud MK and attorney Tali Gottlieb engaged in a fiery exchange with the judges, leading to her forced removal. As she was escorted out, Gottlieb lashed out: "You are violating my immunity time and again; you are causing a rift and incitement among the people." Despite the turmoil, the hearing eventually resumed to continue deliberations on the historic petitions.

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