Along with the turning point in the Israel-Hamas War scored last week with the announcement of the ceasefire, the release of all 20 living hostages from Hamas captivity, and the trickling return of the bodies of slain captives, the issue of a State Commission of Inquiry (COI) into the failures of October 7 has returned with full force.
Over the weekend, Channel 12 reported that the coalition was looking into the option of advancing the establishment of a government COI during the upcoming winter session, which opened on Sunday.
The report was corroborated in other news outlets, but has yet to be independently confirmed by The Jerusalem Post.
Over the past two years, bereaved families, many comprising the October Council forum, families of hostages, and much of the public have vehemently pushed for a State COI.
The October Council said on Saturday night, “For two years, the prime minister has insisted that it would be impossible to objectively investigate the war while it is still ongoing. Now that it is not, he has decided to turn his guns on bereaved families and the victims of October 7.”
It added that it would be kicking up emergency meetings to push for a State COI, and that it would intensify protest measures if the government’s efforts persist.
The Likud, on Saturday night, denied the reports.
The State Comptroller’s Office has been investigating and publishing timely reports on the failures of October 7 – often at odds with the military.
Attorney-General Gali Baharav-Miara said in August that this was proof that failures indeed can be investigated during an active war.
A state COI is a public committee established by the Knesset, usually through the Knesset Constitution, Law and Justice Committee, after it has been greenlit by the government. Its chief purpose is to restore public faith in the government, as it is viewed to be apolitical and all-encompassing.
The Supreme Court president appoints all members of the commission, and its head will always be a jurist – either the Supreme Court president, a district court judge, or a retired judge.
A proposal put forward in the past year by President Isaac Herzog suggested that moderate activist Supreme Court Chief Isaac Amit and staunchly conservative Deputy Chief Justice Noam Sohlberg be charged with forming a state COI in an effort to grant broad legitimacy to the committee, and by doing so, to its findings.
The broader context is the coalition’s fight, since its incorporation in 2022, against the judiciary, led by Justice Minister Yariv Levin. The justice minister has repeatedly said that he does not recognize or trust the authority of Amit and Baharav-Miara, and, along with Knesset Constitution, Law, and Justice Committee chair MK Simcha Rothman (Religious Zionist Party), has pushed for controversial judicial reform legislation. The coalition has been fairly uniform in this stance.
The argument is that if individuals that the government has no confidence in are the ones steering and appointing the members of the state COI, it will be perceived as invalid. To investigate the most horrific attack against the Jewish state since its founding, the appointment of the members of the investigative body must be recognized across the board.
The commission, once formed, would call witnesses to testify and would have the authority to summon any information that might aid in the investigation – even if classified.
Once a state COI publicizes its findings, the government must discuss its suggestions in a thorough manner, though it is not obligated to adhere to them. And, despite the built-in tension of having an external group of people probe the government, no government has yet ignored its suggestions, even if they have not all been adopted. To date, 20 different commissions have been established over the years.
The weekend reports claimed that the coalition approached Supreme Court Justice Yosef Elron, who celebrated his approaching retirement just a few weeks ago after he turned 70 years old, and retired Judge Asher Kola, who currently serves as the Commissioner for Complaints Against Judges. In response to an Israel Hayom query, Kola said that he had not been approached on the matter.
Channel 12 also reported five to be the anticipated number of members in the investigative body.
The Judicial Spokesperson’s Office on Saturday night said in response, “Elron will, for the next three months, do nothing but write court rulings. He will attend to nothing else but that!”
In a government COI, the members are appointed by the ministers themselves, and there is no requirement to include a jurist. However, if the government wishes to grant the commission the same powers as a state COI, the commission needs to be led by a retired judge.
Reportedly, this is what the government wishes to do.
The goal of such a commission is narrower than a state COI: to investigate incidents or topics that come under the authority of the ministers, such as Defense Minister Israel Katz, for example.
In a Wednesday decision, the High Court of Justice informed the government that it had 30 days (until November 14) to update on advancements for a state COI.
“There is no substantive divide over the need to establish an investigative body into the failures of October 7,” read the decision.
Yonah Jeremy Bob contributed to this report.