Israeli Attorney General Advises Supreme Court to Postpone Inquiry Committee Decision Until After Elections

Israeli Attorney General Gali Baharav-Miara has recommended to the Supreme Court that it delay ruling on petitions demanding the establishment of a state inquiry committee into the October 7 massacre until after the upcoming elections. Although she affirmed that a state inquiry committee is the appropriate investigative mechanism and warned that delays could harm evidence and the pursuit of truth, she argued that the decision should wait for the next government to be formed.

Baharav-Miara described the delay in investigating the October 7 events as highly unusual and cautioned that the passage of nearly two years and ten months since the attack could impair the effectiveness of any future inquiry. She emphasized the need for an independent, professional investigation separate from political influence, noting that the inquiry might scrutinize failures by political and state officials. This independence is crucial to ensure those investigated do not control the investigation process.

Despite these warnings, Baharav-Miara stressed that the current transitional government should exercise restraint in making significant decisions during the election period. Since the outgoing government has not resolved the issue, she proposed that the incoming government should address it, with the state submitting an updated position to the court after the new cabinet is established. This approach aligns with the government's stance, which also opposes immediate court intervention but differs on the inquiry's format.

The government has promoted a new "state-national inquiry committee" model, distinct from the existing state inquiry committee defined by law, and has begun legislative steps to implement it. However, the Attorney General supports the existing legal framework for its independence and professionalism. The Supreme Court must now decide whether to wait for the new government or intervene sooner, weighing the nearly three-year delay against the government's broad discretion in this matter.

Critics, including families of victims and watchdog groups, argue that further delay risks eroding evidence and obstructing accountability. They contend that the election period should not justify postponing the inquiry any longer. The petitions remain pending before the Supreme Court, with the inquiry's future hinging on political developments after the elections.