By: Fern Sidman – Jewish Voice News

The Israeli government is expected to convene on Sunday to deliberate the establishment of an official state commission of inquiry into the events of October 7, in compliance with a recent Supreme Court ruling requiring the state to update the court within 30 days.

According to a report on Sunday at Israel National News, the meeting marks a pivotal step toward launching what could become Israel’s most significant investigative process in decades — a comprehensive and legally binding inquiry into the failures, decisions, and systemic breakdowns that led to the unprecedented Hamas attack that claimed over 1,200 lives and ignited a protracted war in Gaza.

Two weeks ago, the Supreme Court of Justice ruled that there was no longer any justification for delaying the creation of a state commission of inquiry, noting that such an investigation is essential to ensure accountability and public confidence.

As reported by Israel National News, the court stated unequivocally: “We have found no genuine dispute regarding the necessity of establishing a state commission of inquiry with broad investigative powers and the authority to determine findings and formulate recommendations concerning the events of October 7.”

The decision followed months of public petitions and legal appeals demanding transparency regarding intelligence lapses, operational misjudgments, and command-level failures that allowed Hamas terrorists to breach Israeli territory on the morning of October 7, 2023.

The court’s ruling placed clear legal and moral pressure on the government, emphasizing that the state must move beyond internal probes and adopt a statutory framework capable of producing binding findings and official recommendations.

According to the information provided in the Israel National News report, the government has now been formally instructed to present progress within a 30-day window — effectively compelling the cabinet to revisit an issue that has been repeatedly deferred amid ongoing military operations and political sensitivities.

Representatives from the Attorney General’s Office are expected to restate their longstanding position that a state commission of inquiry — rather than an ad hoc or limited investigative panel — is the appropriate and legally mandated mechanism for reviewing the October 7 catastrophe.

As Israel National News reported, the Attorney General’s legal counsel has consistently maintained that only a formal state commission, established under Israel’s Commissions of Inquiry Law, possesses the necessary authority, independence, and subpoena power to conduct a full and impartial examination of government, military, and intelligence agencies.

Sources familiar with the matter told Israel National News that the Attorney General’s representatives intend to urge the cabinet to comply with the Supreme Court directive “without further delay,” warning that prolonged inaction could erode public trust and jeopardize the integrity of any future findings.

Legal advisers involved in the proceedings further stressed that the urgency of forming the commission has only grown over time.

“More than two years after the outbreak of the war, the passage of time undermines effective investigation and may impede the pursuit of truth,” one official was quoted as saying, according to the Israel National News report.

During a Supreme Court hearing held two weeks ago in response to a public petition demanding a full inquiry, Justice Yechiel Kasher observed that the government had repeatedly opted against forming a state commission while the war continued, instead proposing alternative investigative models.

“The government has decided not to establish a state commission of inquiry while the war continues, but rather to advance a different type of investigative committee,” Justice Kasher remarked, as cited in the Israel National News report.

That statement drew attention to the judiciary’s growing frustration with the government’s reluctance to initiate a binding inquiry despite repeated promises to do so.

Six months ago, Israel National News reported that the cabinet had reviewed the question of an investigation but ultimately decided to postpone the establishment of a formal commission. Officials argued that launching such a process during wartime could distract military leaders and intelligence officials still engaged in combat operations in Gaza and along Israel’s northern border.

At that time, the government concluded that “given the cabinet’s decision to expand military operations, there is no place at this time to investigate the events of October 7.”

Instead of forming a statutory state commission, the government proposed drafting legislation to create a “special inquiry committee” — a body that would function independently but without the full legal authority or formal status of a state commission.

According to the information contained in the Israel National News report, this alternative framework was envisioned as a compromise designed to begin a review process without triggering the bureaucratic and political complexities associated with a formal commission.

Under the proposal, the special committee would include diverse public representatives drawn from various sectors of Israeli society and would be tasked with producing recommendations aimed at improving national preparedness and defense protocols.

The government’s position at the time was that such a committee could “reflect diverse public viewpoints and enjoy the confidence of the majority of the public.”

However, critics — including families of victims, reservists, and civil society organizations — dismissed the plan as insufficient, arguing that only a legally constituted state commission of inquiry could ensure accountability at the highest levels of government.

As the Israel National News report noted, the push to establish a formal commission has become one of the most contentious political debates in Israel’s post-war landscape.

Supporters of Prime Minister Benjamin Netanyahu have expressed concern that an inquiry launched during the ongoing conflict could be exploited for political purposes or undermine national unity, while opposition figures have accused the government of deliberately stalling in order to avoid scrutiny of its handling of the October 7 attacks.

The Israel National News analysis pointed out that the Supreme Court’s ruling effectively removes the government’s discretion to delay further, compelling it to outline concrete steps toward the creation of an official investigative framework.

Public sentiment has also played a decisive role. Families of the hostages, survivors from border communities, and senior reserve officers have staged multiple demonstrations in Jerusalem and Tel Aviv, demanding that the government “tell the truth about how this happened.” Many have insisted that only a state commission can summon top officials, including the Prime Minister, Defense Minister, and intelligence chiefs, to testify under oath.

As Israel National News reported, Sunday’s cabinet meeting will likely focus on determining the structure, mandate, and leadership of the proposed commission. Under Israeli law, a state commission of inquiry is typically chaired by a retired Supreme Court justice, ensuring judicial independence and impartial oversight.

Legal experts expect that if the government agrees to move forward, the process of appointing members and defining investigative parameters could take several weeks. The commission’s mandate is anticipated to cover a wide array of issues, including:

Failures in early warning and intelligence assessments prior to October 7.

The breakdown in military and police response on the day of the attack.

Coordination between civilian authorities, emergency services, and security agencies.

Decision-making processes within the political and defense establishments.

According to the report at Israel National News, sources close to the Justice Ministry indicated that the Attorney General’s office views the creation of the commission as an “indispensable act of governance,” essential for national healing and institutional learning.

For now, the Supreme Court’s order has effectively accelerated a debate that has simmered since the end of the initial phase of the Gaza war.

As one senior legal official told Israel National News, the upcoming cabinet session may represent “a defining moment in Israel’s effort to reconcile with the truth of October 7 and to ensure that such a tragedy can never be repeated.”