High Court of Justice Postpones Decision on October 7 Commission Until After Elections

What the Court Decided

The High Court of Justice ruled that a decision on the petitions would be made after the elections. By January 15, the government is required to submit an update to the court regarding the status of the establishment of the commission of inquiry. The court will then determine whether further intervention on its part is required.

Why the Matter Was Postponed

The government has not yet established a commission and asked the court to refrain from intervening on the eve of the elections. In July, it stated that the Knesset had not managed to complete the relevant bill’s legislative process in its second and third readings. Attorney General Gali Baharav-Miara also proposed allowing the next government to make a decision, relying on the restrictions that apply to a caretaker government.

Who Will Determine the Inquiry’s Format

The next government will have to decide whether to establish a commission and what type it will be. At a hearing held on April 23, the justices expressed support for leaving the politically controversial issue for the voters to decide. No final decision has yet been made on establishing a state commission of inquiry.

What the Approach Is Based On

The justices pointed to the potential public and political cost of a judicial order during an election period. The positions of the government and the attorney general were based on the principles of restraint that apply to an outgoing government and to judicial intervention during the politically sensitive period before elections.

Latest legal news

• Justice Solberg rejects delay in Abu Shehadeh disqualification hearing
• Court: Former Kardan Israel owner did not conceal dividend from creditors