Legislation10/5/2026

High Court of Justice Postpones Decision in Dispute Over October 7 Commission of Inquiry Until After Elections

The Israeli government has not established a state commission of inquiry to examine the circumstances of the October 7 attack, even though it has discussed the issue four times since the beginning of 2025. The High Court of Justice has not issued a final decision on the petitions filed and ordered an updated position to be submitted by January 15, 2027—after the elections.

Key facts

•Court: High Court of Justice, expanded panel of seven justices
•No final decision has been issued on the petitions
•An updated position must be submitted by January 15, 2027
•The bill passed its first reading on July 6, 2026
•Applicable statute: Commissions of Inquiry Law, 5729–1968
•The case number is not specified in the source

What Happened

Following the October 7 attack, victims and public organizations demanded the establishment of a state commission of inquiry. In November 2025, the High Court of Justice issued an order nisi requiring the government to explain why such a commission had not been established, and in April an expanded panel of seven justices heard the petitions. In September, the court postponed further proceedings and set a deadline for submitting an updated notice—January 15, 2027. The case number is not specified in the source.

Two Ways to Appoint the Commission

Under the Commissions of Inquiry Law, 5729–1968, the government decides whether to establish a state commission of inquiry, but the President of the Supreme Court appoints its chair and members. The chair must be a serving or retired judge of the Supreme Court or a District Court. This arrangement separates the body that may be the subject of the inquiry from the people conducting it.

What the Coalition Proposed

The private member’s bill introduced by Knesset Member Ariel Kallner concerning a “state-national” commission of inquiry passed its first reading on July 6, 2026, but was not finally enacted before the Knesset was dissolved. It provides for six members to be approved by a majority of 80 Knesset members; if there is no such majority, three will be appointed by the Speaker of the Knesset with the written consent of 61 coalition Knesset members, and three by the Leader of the Opposition. The commission may operate as long as at least three members remain, and the bill does not require a judge to participate.

Why the Decision Was Postponed

Attorney General Gali Baharav-Miara supported the possibility of giving the next government time to make a decision, while warning that the delay could reduce the effectiveness of the future inquiry and compromise evidence. The High Court of Justice has not yet required the government to establish a state commission of inquiry specifically, nor has it dismissed the petitions. The future inquiry mechanism will therefore depend on the positions of the government and the Knesset after the elections.

What this means for you

For residents of Israel, this means that the official state inquiry into the decisions of the political and security echelons has not yet begun. After the elections, the authorities will again have to decide whether to establish a commission under the existing law or advance an alternative arrangement for appointing its members. This choice will determine who appoints the investigators and how organizationally separate they will be from the government authorities under investigation.

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Case analysis based on court rulings