After the stormy debate in the Knesset plenum and the bill’s approval in a preliminary reading, the proposed law to establish a political commission of inquiry into the failures of October 7 is moving forward. The coalition is determined to advance legislation that would distance Prime Minister Benjamin Netanyahu from responsibility, but a long road still lies ahead. Obstacles range from opposition by the attorney general, to possible resistance from within the coalition itself, and ultimately to the High Court of Justice. These are the next stages facing the controversial bill.
As bereaved families continue trying to persuade lawmakers to oppose the legislation, the proposal will move to the Knesset House Committee and from there most likely to the Constitution, Law and Justice Committee, where discussions on its clauses will begin. Within the coalition, there is an apparent understanding that the current version of the bill, which allows politicians to select those who will investigate them, is expected to encounter serious difficulties with legal advisers.
Attorney General Gali Baharav-Miara has already published her legal opinion on the matter, stating that the framework proposed by MK Ariel Kallner is riddled with fundamental flaws and would undermine the ability to reach the truth.
Cracks in the coalition are already visible. Despite the tactical success in the preliminary vote, not all coalition members supported the move. Cabinet Minister Ze’ev Elkin and Likud MK Yuli Edelstein announced ahead of the vote that they would boycott it, citing their support for the establishment of a state commission of inquiry. Lawmakers from United Torah Judaism’s Agudat Yisrael faction were absent and attempted to persuade Shas and Degel HaTorah to oppose or abstain in order to defeat the proposal.
“This is not legislation for the sake of the Torah world, nor is it something that matters to the ultra-Orthodox,” Agudat Yisrael figures said. “It is unclear why the ultra-Orthodox parties are always in such a hurry to rescue Netanyahu on bills that are important to him, when he is not committed to our needs and priorities.”
The High Court hurdle looms as well. If the law advances in its current form, petitions to the High Court of Justice are expected, once again forcing the justices to rule on a politically and publicly explosive issue. Can the Knesset enact legislation that bypasses the existing State Commission of Inquiry Law solely to shield elected officials from external scrutiny?
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Will the opposition cooperate in appointing representatives to the commission? Chaos in the plenum yesterday
(Photo: Shalom Shalev)
Under Kallner’s proposal, the body he defines as a ‘national-state commission of inquiry’ would be composed of representatives chosen by both the coalition and the opposition. The commission would have six members, from among whom a chair would be selected. In the first stage, there would be an attempt to reach agreement on all six members with the support of 80 Knesset members. If no agreement is reached within 14 days, the coalition would appoint three representatives and the opposition three. If the opposition refuses to cooperate, Knesset Speaker Amir Ohana would appoint its three representatives on its behalf.
In the meantime, opposition parties have already vowed to do everything possible to delay the legislation. The opposition is almost unanimously opposed, and faction leaders are demanding the immediate establishment of a state commission of inquiry. They view the political initiative as an attempt to blur responsibility and protect the government, with some warning of petitions to the High Court if legislation is advanced that circumvents existing law.
Following the bill’s approval in the preliminary reading, families from the ‘October Council’ issued a fierce statement, saying that “the Knesset voted in favor of a cover-up, in favor of erasing the truth, in favor of trampling the memory of the murdered, the fallen, the hostages, the soldiers and the civilians who were abandoned on October 7. They knew this was not a commission of inquiry but a commission of escape, not an investigation of failure but a self-defense mechanism of a frightened government. They knew they were voting so that those being investigated would appoint their investigators, so that the truth would not come to light.”
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Protest in the plenum against the proposal for a political commission
(Photo: Shalom Shalev)
The ‘October Council’ added that “this is a betrayal of the bereaved families, the families of the hostages, the fighters and the entire Israeli public.” According to the group, “anyone who prevents a real investigation after the greatest disaster in the history of the state is not afraid of division, he is afraid of the truth. And anyone who fears the truth is unfit to lead. A government that advances a cover-up law after a massacre is not a legitimate government. It is a government trying to save itself politically at the expense of the blood, pain and loss of its citizens. From this day forward, one thing is clear: there is no way to repair, no way to expose and no way to restore trust with this cover-up government.”
The families demanded unequivocally to “replace the cover-up government now,” explaining that “only a new government can establish a genuine state commission of inquiry. Only a change of government will allow the country to look the truth in the eye. And only the truth will allow us to begin a process of repair. Anyone who chose a cover-up chose to stand against the people. And the people will not forget.”