Israel

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Credit: Ze’ev Stein

The government moved Sunday to create its own commission to investigate the failures surrounding Hamas’s October 7, 2023 attack, bypassing the traditional state commission supported by most Israelis.

While described as “independent,” the new committee’s mandate will be set by cabinet ministers, who say they will seek “as broad public approval as possible.” Hebrew media reported it will have “full investigative authority,” though no details were given.

Prime Minister Benjamin Netanyahu will appoint a special ministerial panel to define what the probe covers and how far back it will go. The panel has 45 days to make its recommendations.

The coalition long resisted a state commission, first claiming Israel could not investigate during wartime, then arguing the Supreme Court could not be trusted to appoint an impartial judge.

A state inquiry is legally independent, appointed by the Supreme Court president, with subpoena power. Such panels have investigated past military failures, including the Yom Kippur War and Sabra and Shatila.

Last Monday, Netanyahu told the Knesset the public would reject a state commission and insisted the government wanted one “with as broad public support as possible,” comparing it to the US 9/11 Commission.

Polls show most Israelis back a state commission. Netanyahu supported one himself in 2022. Past panels have held him personally accountable, including after the 2021 Meron disaster.

Opposition parties, watchdog groups, and families of hostages have demanded a state commission and have even appealed to the courts.

On October 15, the High Court said there was “no real argument” against forming one, giving the government 30 days to update its plans.

The cabinet still could not agree Sunday on the structure or scope of its alternative panel. Some ministers proposed giving veto power to coalition and opposition, while others suggested conservative Justice Noam Solberg choose its members.

Foreign Minister Gideon Sa’ar said political leaders — whether coalition or opposition — should not determine the makeup, arguing that “there is no difference” since opposition leaders have also led the country.

Ministers Itamar Ben Gvir and Dudi Amsalem demanded the commission investigate the courts and Attorney General Gali Baharav-Miara.

Likud sources want the probe expanded to include the role of anti-government protests and High Court rulings, claiming they influenced Hamas’s decision to attack.

Critics say Netanyahu is trying to avoid accountability by choosing a committee he can influence, with weaker powers than a state inquiry.

Yair Lapid said the government is “doing everything it can to escape the truth and evade responsibility,” adding that refusing a state commission “endangers national security.”

Yair Golan said, “he who is being investigated does not appoint his own investigators.” Gadi Eisenkot called it a “whitewashing” effort by those refusing responsibility for “the worst disaster in Israel’s history.”

Benny Gantz asked, “Who do you think you’re fooling?” accusing the government of letting those under investigation choose the investigators.

The Movement for Quality Government called the decision “a transparent attempt to evade a real and independent investigation.”

The October Council — representing 2,000 bereaved families, survivors, and border residents — condemned the move as an attempt to “absolve themselves of punishment,” calling the plan a “cover-up commission.”

The group urged the public to intensify weekly Saturday night protests, after 2,000 demonstrators gathered this weekend in Tel Aviv.