Israel's Supreme Court announced Wednesday that it will not rule before the elections on petitions demanding the establishment of a state commission of inquiry into the October 7th massacre. The justices ordered the government to submit an updated position by January 15th, effectively postponing any decision on the matter.
The court's decision aligns with the position of Attorney General Gali Baharav-Miara, who announced last month that she supports delaying the ruling until after a new government is formed. The Attorney General justified her stance by citing the restraint and caution customary during election periods.
Baharav-Miara reiterated that a state commission of inquiry is the only appropriate and independent body to investigate the failures of October 7th.
The petition to establish a state commission of inquiry was filed with the High Court in June 2024 by the Zulat Institute, former Knesset members, the Movement for Quality Government in Israel, the "Shield Wall for Israel" forum, and families of hostages, fallen soldiers, and civilians murdered on October 7th.
The petitioners requested the establishment of a commission to investigate the events that preceded and led to the catastrophe, including the functioning of the political and public system, the security establishment, and emergency response systems.
Following publication of the Attorney General's position, the "October Council," representing families of victims and casualties of the massacre, called on the government not to wait and to establish a commission immediately. "Only a state commission of inquiry can get to the truth, bring justice to the bereaved families, and most importantly, prevent the next disaster," they stated.
The Movement for Quality Government also disputed the Attorney General's position and called on the High Court to order the establishment of the commission without delay. "It's impossible to determine that a state commission of inquiry is essential for discovering the truth, to warn that the delay could already damage the investigation, and in the same breath to propose postponing it again," they said.
The government argued in July that due to time constraints in the Knesset schedule, legislation to establish a commission of inquiry into the massacre had not been completed. The government asked the court not to intervene in the matter during the election period, claiming that the method of investigating the events of October 7th is "at the heart of a political dispute between the parties competing in the elections."
The government further announced its intention to apply continuity law to the bill in the next Knesset and complete the legislative process shortly after the 26th Knesset convenes. Now, following the High Court's decision, the government will be required to update the court on its position by January 15th.
