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High Court of Justice Considers Inquiry into October 7 Attacks

4/24/2026, 3:15:53 AM

Judicial Hearing on State Commission of Inquiry

On Thursday, the High Court of Justice in Israel conducted a significant hearing regarding petitions that urge the government to establish a state commission of inquiry into the October 7 attacks by Hamas and the subsequent military conflict. The hearing, which lasted approximately six hours, revealed the court's concerns over the government's delay in addressing the issue and the complexities surrounding the judicial authority to compel such an inquiry, especially with elections approaching.

Government's Position and Judicial Concerns

During the proceedings, Deputy Supreme Court President Noam Sohlberg led the seven-justice panel, which included Justices Yael Willner and Ofer Grosskopf. The government, represented by attorney Michael Rabello, argued against the court's authority to mandate the establishment of a state commission, asserting that the focus should remain on winning the ongoing war rather than investigating past events. This position drew sharp criticism from the justices, particularly from Willner, who questioned the government's stance that investigations should be postponed until after the conflict concludes. Sohlberg emphasized the urgency of the matter, asking, “How many years can one wait?”

Justice Khaled Kabub highlighted the underlying issue of who would appoint the commission's members, suggesting that the government's reluctance to allow the Supreme Court president to make such appointments was a significant factor in the ongoing delay. The justices expressed skepticism about the government's proposed alternative of a "national commission," questioning its effectiveness and the legislative process still required to implement it.

Emotional Disruptions and Public Sentiment

The hearing was marked by emotional disruptions, as bereaved family members of victims opposed to the inquiry attempted to enter the courtroom, leading to security interventions. Deputy Supreme Court President Sohlberg acknowledged the profound pain expressed by these individuals but reiterated the necessity for order during the proceedings. The atmosphere was further charged by the removal of Likud MK Tali Gotliv, who was ejected for her repeated interruptions.

Diverging Perspectives on Inquiry Legitimacy

As the hearing concluded, the justices did not reach a definitive conclusion but indicated a divided perspective. While there was a clear skepticism regarding the government's delay and its justification for postponing an investigation, there were also concerns about whether a judicially mandated commission would possess the legitimacy and public trust necessary to function effectively.

Conclusion

The High Court of Justice's deliberations reflect a critical juncture in Israel's political landscape, balancing the need for accountability regarding the October 7 attacks with the complexities of governance and public sentiment. The outcome of this inquiry, whether pursued through judicial mandate or left to the next government, remains uncertain as the nation approaches elections.