Attorney General Gali Baharav-Miara has submitted her official position to the High Court of Justice (HCJ) regarding petitions demanding the immediate establishment of a state inquiry commission into the events of October 7 and the Swords of Iron War. In her submission, the Attorney General expresses principled support for such a commission, describing it as the most professional and suitable tool for investigating the truth and establishing accountability, due to its legal characteristics that ensure an independent and effective investigation.
However, the Attorney General believes that from a legal perspective, the establishment of the commission should be deferred until after the upcoming elections. The rationale behind Baharav-Miara's position is based on the law applicable to a government during an election period. In her view, since the current government is defined as an outgoing administration, it is subject to constraints of restraint regarding the making of significant and sensitive decisions.
Consistent with prior court rulings, she argues it is inappropriate for the current government to make such a consequential decision. Furthermore, the Attorney General noted that the significant time elapsed since the outbreak of the war and the prolonged lack of a government decision raise legal and practical difficulties that could affect the efficiency of the investigation. This issue has long been at the center of legal and public controversy. Earlier last month, the government informed the HCJ that it had been unable to complete the legislative process for an inquiry commission due to time constraints, and therefore requested that the court refrain from intervening.
Conversely, the petitioning organizations and other bodies representing bereaved families and hostages, including the "October Council," argue that the delay in establishing the commission causes real harm. They contend that the ongoing procrastination could lead to the loss of evidence essential for establishing the truth and preventing individual accountability. The October Council sharply criticized the Attorney General's position, stating that the delay raises concerns regarding the ability to clarify responsibility for the events.
As of now, the petition remains pending before the justices of the HCJ, who are required to decide between the positions of the government, the Attorney General, and the complex arguments of the petitioners. The practical implication of the Attorney General's position is that at this stage, the authority to establish the commission remains frozen, with the final decision deferred to the discretion of the government to be formed after the elections, subject to the court's ruling.