Israeli Government Asks Supreme Court Not to Intervene in 7 October Massacre Inquiry Delay

The Israeli government officially informed the Supreme Court on Wednesday that it has not completed legislation to establish a state commission of inquiry into the 7 October massacre. The government requested the court to refrain from intervening in the matter. The delay is attributed to the Knesset's tight schedule, which prevented the completion of the bill's second and third readings before the upcoming election recess.

This announcement responds to a petition demanding the court order the government to form a national inquiry commission. Until now, the Supreme Court has withheld a ruling, awaiting the government's progress on legislation for a dedicated investigative committee. The government emphasized that the investigation's nature remains a politically sensitive issue amid election campaigns, and it is inappropriate for the court to decide or interfere at this stage.

Earlier this year, the government described a potential court order mandating the inquiry as an "unprecedented extreme act" and argued there is no legal basis to convert a conditional injunction into an absolute one. The government stressed that the formation of a national inquiry commission should be based on broad consensus or equitable representation between coalition and opposition members.

The proposed commission would include experts in security, academia, and law, with bereaved parents serving as observers. It would have full powers under the Commissions of Inquiry Law to ensure wide public trust across the political spectrum. However, the government acknowledged that both a governmental investigative committee and a national inquiry commission might fail to gain full public confidence, especially among opposition or coalition supporters respectively.

Given the political sensitivity and the proximity to elections, the government urged the Supreme Court to exercise restraint and avoid ruling on the issue at this time.