A State Commission of Inquiry (COI) is the most appropriate and sound legal framework through which to investigate and provide answers for the October 7 attacks and the Israel-Hamas War, Attorney-General Gali Baharav-Miara said Sunday.
“Dragging feet and avoiding making a decision harms any future investigation and the possibility of reaching the full truth on the matter,” she wrote. Though Prime Minister Benjamin Netanyahu has said several times that there is no disagreement about the fact that an investigation needs to take place, no movement has been made to secure the framework, she added.
The government said in May that “the time is not yet ripe to appoint an investigative committee,” citing the ongoing war and security situation. The High Court of Justice gave the government 90 days to respond, leading up to Sunday.
Baharav-Miara emphasized that the more time passes - this coming October will mark two years since the massacre attack - the harder it will be to carry out a thorough, detailed, and accurate investigation, including regarding evidence and the effectiveness of the investigation.
Additionally, while the government drags its feet, the State Comptroller's Office has consistently investigated issues relating to the massacre and the state's handling of affairs, including military officers - meaning, an investigation is possible during active war.
Despite the comptroller’s findings, the fact that there is no state investigation means that no lessons are being learned on the broader level that is needed - which can only be provided by a comprehensive investigation.
The issue is the nature of such an investigative committee.
What is a State Comission of Inquiry?
An State COI is a public committee established by the Knesset, usually through the Knesset Constitution, Law, and Justice Committee after it has been greenlit by the government. Its chief purpose is to restore public faith in the government.
The High Court president makes the appointments and is considered the highest authority on issues demanding such a probe; once the government establishes the committee, it cannot have any further involvement with it.
The other route to opening an State COI is through the direction of the state comptroller, who can order the Knesset State Control Committee to establish it. This method has been used less; since the law permitting the creation of an SCI was passed in 1968, the government initiated 16, while four came from the State Comptroller.
The commission, once formed, would call witnesses to testify and would have the authority to summon any information that may aid in the investigation, even if it is classified.
Once an State COI publicizes its findings, the government must discuss its suggestions in a thorough manner, though it is not obligated to adhere to them. And, despite the built-in tension of having an external group of people probe the government, no government yet has ignored its suggestions, even if they were not all adopted.
Families of victims of the October 7 attack have called since the beginning for a State COI, and have even published, through an organized forum, its own findings.