Government Tells High Court It Cannot Finalize Oct. 7 Inquiry Law Before Elections, Citing Scheduling Constraints

The government informed Israel's High Court of Justice on Wednesday that it will not be able to finalise legislation to create a political inquiry into failures surrounding the October 7, 2023 Hamas attacks before the October 27 elections, citing "scheduling constraints." The notice was filed in response to petitions demanding the formation of a state commission of inquiry into the events.

What the Government Told the Court

In its submission to the High Court, the government said it intends to complete the bill only after the upcoming elections and argued that "it is not appropriate for the court to rule on the matter or intervene in it," asking that the petitions be dismissed.

Legislative Background

The government advanced a political probe bill — which passed its first reading in June before the Knesset recess — proposing an investigative framework that would replace the current state commission mechanism. Under the framework outlined in Kallner's proposal, the Supreme Court's role in appointing commission members would be replaced by political appointees selected through a Knesset-led process.

State Commission Versus Political Probe

A state commission of inquiry is regarded under Israeli law as the most authoritative and independent investigatory body: it operates outside the political echelon, its members are appointed by the chief justice of the Supreme Court, and it has the power to subpoena witnesses and issue personal recommendations. The government's proposed political model would shift those appointment powers to the legislature, a change critics say would politicise the investigation.

Dizengoff Square with photographs of victims from the October 7 massacre. June 03, 2026. (credit: MIRIAM ALSTER/FLASH90)

Responses From Campaigners and Bereaved Families

The Movement for Quality Government in Israel (MQG) sharply criticised the government's notice, urging the High Court not to allow what it described as continued obstruction of the investigation into "the greatest disaster in the state's history." MQG said it represents more than 35,000 petitioners, bereaved families and members of the public pressing for an independent probe.

MQG: "We will not rest until a state commission of inquiry is established to investigate the greatest disaster in the state's history and hold those responsible accountable."

The October Council, which represents bereaved family members and victims of the attacks, condemned the government's notice as "an unprecedented display of contempt for the court, the rule of law, and the Israeli public," and urged the High Court to consider the matter with "the full severity of the law." The group called on the court to hold Prime Minister Benjamin Netanyahu and his representatives personally accountable for contempt of court if appropriate.

Why It Matters

Nearly three years after the October 7 attacks, no formal state investigation has been completed. The dispute over the inquiry's format and oversight sits at the centre of broader tensions between the government and the judiciary over accountability and the independence of investigative mechanisms. With elections set for October 27, the government says scheduling prevents finishing the legislation before voters go to the polls; opponents say the delay amounts to obstruction and a denial of the public's right to know what happened and who bears responsibility.

Photo caption: Dizengoff Square displayed photographs of victims from the October 7 attacks on June 3, 2026.