Prime Minister Netanyahu is reportedly trying to make fundamental changes to the nature of the national inquiry into state failings related to the October 7 attacks.
According to Channel 12’s Amit Segal, Netanyahu is looking to change the selection process for the members of the state commission of inquiry, allowing them to be appointed by the government rather than the Supreme Court.
Commission appointments are usually in the gift of Supreme Court President Yitzhak Amit.
However, the Netanyahu administration has a history of clashes with the court, notably over justices blocking the firings of now-resigned Shin Bet chief Ronen Bar and current Attorney-General Gali Baharav-Miara, and the government’s contentious judicial reform proposals.
The prime minister himself has previously hit out at “deep state” of jurists, lawyers and bureaucrats allegedly working to undermine his policy agenda.
Per Channel 12, Netanyahu is “examining” the prospect of “a governmental commission of inquiry with five members, holding the same powers as a state commission of inquiry”.
"Among those considered by Netanyahu [are] a retired judge and a retired general identified with the right,” it added.
The report suggested that such a move could be blocked by the court “on the grounds that such a major failure requires a state commission of inquiry”.
But it did note that there is precedent for the decision, with then-Prime Minister Ehud Olmert establishing a similar governmental commission to examine the Second Lebanon War in 2006.
That was approved by the Supreme Court in a 4-3 vote. Channel 12 noted: “The court today is more conservative, but the failure of October 7 is greater.”
It comes after government attempts to resist calls for a state commission, with ministers saying in May that they had decided not to establish such an inquiry.
The Channel 12 report also suggested that Amit was likely to appoint former Supreme Court President Esther Hayut, who has been outspoken in her criticism of the government’s judicial reforms, to lead the commission.
To get more Israel news, click here to sign up for our free Israel Briefing newsletter.