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Israeli government responds to attorney general: Now is not the time to investigate Oct 7 massacre

 
Israeli Attorney General Gali Baharav-Miara attends a Constitution, Law and Justice Committee leads a committee meeting in the Israeli Parliament in Jerusalem, April 27, 2025. (Photo: Yonatan Sindel/Flash90)

The government has decided to postpone the establishment of a commission of inquiry into the events of October 7, despite the firm demand by Attorney General Gali Baharav-Miara for an immediate decision on the matter.

In a letter sent today to the prime minister and government ministers, the attorney general stated that “a state commission of inquiry is the appropriate mechanism, given the issues at hand, the committee’s powers, and its expertise.”

Baharav-Miara warned that time is of the essence and that the government must submit an updated notice to the High Court by May 11.

However, the government chose a different path, deciding that due to the cabinet’s decision to expand military operations in the war, “now is not the time to investigate.”

Instead of establishing a commission immediately, the government and the Knesset will work on drafting a law to establish a “special state commission of inquiry that will reflect various public opinions and earn the trust of the majority of the public.”

Minister Zeev Elkin called for Justices Solberg and Amit to jointly appoint the commission.

Minister Avi Dichter stated, “You don’t establish a committee during a war.”

Minister Orit Strook said during the government discussion that “it is important that this government establish the commission and define its mandate, so it truly investigates what needs to be examined.”

Minister Shlomo Karhi added: “The High Court should be investigated, not lead the investigation—it harmed Israel’s deterrence capability.”

The government’s decision means that special legislation will be required to establish the commission, a process that could take considerable time. The government decided to inform the High Court that it will update the matter within 90 days—not by May 11 as the attorney general demanded.

The attorney general’s letter comes amid ongoing public debate over the need to establish a state commission of inquiry into the events of October 7 and the preceding failures. Until now, the government has avoided making an official decision on the matter, claiming that the national priority is to focus on the war effort. In recent weeks, public calls for the establishment of a commission have intensified, including voices from the families of victims and hostages. In her letter, the attorney general stated that the continued avoidance of a decision not only fails to help but actually harms the pursuit of truth.

Baharav-Miara emphasized in her letter that “particularly under the circumstances of this case, and especially with the passage of time, there is a need to move forward with determination,” and even noted that the State Comptroller supports the idea of a state commission of inquiry as the most effective mechanism for examining the events.

The decision comes against the backdrop of ongoing tensions between the attorney general and the government on this issue. According to the letter, it has already been clarified in previous discussions that there is no disagreement over the need to investigate the events of October 7—only over the type of investigative body and the timing.

Tamar Almog is a legal affairs correspondent and commentator for KAN 11 news.

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