Justice & Institutions
Investigating October 7
October 7 should be examined by a commission the Knesset appoints, not the Supreme Court.
The government told the High Court it will open no inquiry before the election. Its own proposal is six members, seated only with 80 of the 120 MKs behind them.
What is at stake
A state commission of inquiry is Israel's strongest investigative tool. The government decides to create one, but the President of the Supreme Court appoints its members. It can subpoena witnesses and name individuals as responsible. One examined the 1973 war. None has been created for October 7.
The case for
- A commission whose members the President of the Supreme Court picks comes from an institution much of the country does not trust.
- Findings half the country rejects on day one settle nothing. They deepen the split.
- The failures run across the army, the intelligence services and years of policy. A format both camps accept would carry further.
The case against
- Only a commission the government does not staff can credibly investigate that government.
- The 1973 Agranat Commission had subpoena powers and named names. The country accepted its findings.
- A body appointed by the very people it has to examine will not convince the public, or the bereaved families.
Both sides get the same number of points at comparable length. That is a rule of this site, not a coincidence.
What the next Knesset could decide
The government can set up a state commission by cabinet decision at any time, defining its mandate and the period it covers. The Knesset could instead legislate a different format, or give investigative powers to one of its own committees.