Israel’s High Court of Justice has issued a significant preliminary order requiring the government to explain why it has not established a state commission of inquiry into the Hamas attacks of October 7, 2023.
The petitions—submitted by several watchdog groups—argue that only a fully independent commission can properly investigate the intelligence, policy, and operational failures surrounding the devastating assault. The court’s order shifts the burden to the government, which now has until January 4 to respond and justify its position.
The government recently announced its intention to create its own investigative commission guided by a ministerial panel. However, critics note that most of the ministers involved were themselves in office during the attack and therefore should not oversee the parameters of the investigation. Opposition leaders, victims’ families, and legal experts argue that only a state commission—whose members are appointed by the president of the Supreme Court—can ensure impartiality.
Public opinion strongly supports an independent inquiry, with consistent polling showing a large majority of Israelis demanding accountability.
Prime Minister Benjamin Netanyahu has resisted such a commission, partly due to ongoing tensions over judicial authority following the contentious judicial overhaul debate of 2023. Critics say the government-led commission risks limiting the scope of the investigation and avoiding examination of politically sensitive decisions.
The ministerial panel is expected to deliver its recommendations by the end of December, but pressure continues to mount on the government to accept a fully independent probe.
