Israel's Attorney General informed the Supreme Court on Wednesday that given the upcoming elections, the next government should be the one to decide whether to establish a state commission of inquiry into the war. The office proposed that the state be permitted to file an updated position shortly after the new government is formed.
In the filing submitted to the court, the Attorney General's office emphasized that a state commission of inquiry represents the framework best suited to conduct a professional, effective, and independent investigation. The document stressed the need to ensure that any commission possess the characteristics necessary to investigate the events, uncover the truth, draw lessons, and assign individual responsibility where appropriate.
At the same time, the filing noted that nearly two years and ten months have passed since the war began, yet the Israeli government has not reached a decision regarding the format for investigating and drawing lessons from the conflict. The Attorney General warned that the delay in making this decision could undermine the effectiveness of any future investigation and potentially cause evidentiary damage.
However, according to the filing, the time remaining until the elections does not allow for the assumption that the current government will reach a decision on the matter. Elections for the 26th Knesset are scheduled for October 26, and Israel is already in an election period.
The position cited Supreme Court precedent regarding the activities of a transitional government during election periods, arguing that it is appropriate for the incoming government to address the issue and make the decision.
The filing concluded: "Therefore, it is proposed, should the honorable court see fit, that an updated notice be permitted shortly after the formation of the next government."
The practical implication is that the Supreme Court petition will not lead to an immediate decision by the current government. If the court accepts the Attorney General's position, the state will provide an update on the matter only after the elections and the formation of the next government.
