Israeli Government Legal Advisor Supports State Inquiry Commission After Elections

Israel's Attorney General, Gali Baharav-Miara, informed the Supreme Court on August 26, 2024, that she supports establishing a state commission of inquiry into the October 7 massacre, but only after the upcoming Knesset elections. This position responds to petitions from several organizations demanding the commission be formed immediately. Baharav-Miara emphasized that a state commission is the appropriate legal mechanism for investigating the events of October 7 and the subsequent war, highlighting its unique statutory features that enable a professional, effective, and independent investigation.

However, she noted that the elapsed time since the war's outbreak and the outgoing government's lack of decision-making on the matter pose challenges that could undermine the inquiry's effectiveness. Given the current election period and legal precedents requiring a caretaker government to exercise restraint, she argued that the incoming government should be the one to decide on forming the commission.

The October Council, representing bereaved families and survivors, strongly criticized the Attorney General's stance, warning that delaying the commission risks losing crucial evidence and accountability. They declared that the upcoming elections will determine whether a state commission is established or if another massacre occurs. Last month, the government told the Supreme Court it had not completed legislation for the inquiry commission due to scheduling constraints and urged the court not to intervene, a move that drew sharp rebuke from the October Council for allegedly attempting to delay justice and obscure the tragedy.