The Attorney General, Gali Baharav-Miara, has submitted an official position to the High Court of Justice regarding petitions demanding the establishment of a state commission of inquiry into the failures of October 7. According to reports by ynet, the AG believes that at the current stage, and given that Israel is in an election period, the High Court should refrain from issuing a ruling and await the formation of the next government. Her position is based on the legal principles of restraint applicable to a transitional government, which she argues preclude the current administration from making a substantive decision on this issue.
Baharav-Miara noted that a state commission of inquiry is the most distinct and appropriate legal tool for investigating the events of October 7, due to the need for full independence and the severance of political ties. Nevertheless, she emphasized that given the significant time elapsed since the war began and in accordance with the doctrines of restraint applicable to a departing government, it is proposed that the next government be allowed to address the matter.
This represents a shift in her position, as she now advocates for waiting for the next government's decision before judicial intervention. This position aligns with the approach presented by Deputy President of the Supreme Court, Justice Noam Sohlberg, during a previous hearing in April, where he suggested waiting for the public's verdict. The government also submitted a position requesting to avoid judicial intervention at this time, emphasizing the deep political controversy surrounding the subject.
The government argued that judicial intervention during an election period could influence public sentiment and that the court should exercise restraint. Conversely, the AG highlighted the difficulties arising from the passage of time, noting that significant delays in establishing a regulated investigation mechanism could lead to evidentiary damage and harm the effectiveness of future inquiries. The court hearings were accompanied by significant public tension, as bereaved families held differing views on the proper way to uncover the truth, with some opposing the establishment of such a committee.
The judges previously restricted public access to hearings due to concerns over unrest and clashes between opposing sides. Now, should the court adopt the AG’s proposal, it is likely that the proceedings on these petitions will be suspended until after the results of the 26th Knesset elections, at which point the new government will be required to decide on an investigation framework.