October 7 probe should only happen after war, Israeli government tells High Court

The government – which is being represented by the lawyer Michael Rabello – argued that the authority to establish a state commission should lay with the government alone, in accordance with previous cases.

Attorney General Gali Baharav-Miara, who would ordinarily argue on the government’s behalf, has also taken the stance that an independent, non-political commission must be established.

According to Haaretz, Ruby Chen, father of slain hostage Itay, said the families are still searching for answers after what he described as “760 days of hell,” with failures including troops being deployed without sufficient warning or reinforcements, and Hamas managing to breach Israeli defences to carry out the deadly October 7 assault of over 1,200 and the abduction of more than 250 people into Gaza.

“Nearly a thousand days have passed and the truth has not yet been investigated,” Chen said. “What did they know, who knew, what was done and what was not done. Responsibility has not been taken and the truth has not come out. We cannot be asked to bury our brave children and the truth with them.”

The petitions, submitted by civil society organisations, argue that only a state commission can provide an independent and professional investigation.

The court has already ordered the government to explain its refusal to establish such a body.

This story originally appeared in the JC Israel Briefing. You can sign up to receive the briefing daily here.