Jerusalem, 31 December, 2025 (TPS-IL) — Israel’s High Court of Justice on Wednesday ordered State Comptroller Matanyahu Englman to suspend key aspects of his investigation into the October 7, 2023, Hamas-led attacks, marking a dramatic legal setback in efforts to hold public officials accountable for one of the deadliest days in Israel’s recent history.
The court issued both an interim and conditional order, barring Englman from summoning officials, collecting documents, or publishing reports related to his probe. The judges also required him to justify why his investigation covers areas of policy and strategy, which petitioners claim lie beyond the scope of his authority. The decision came two days after the High Court heard petitions from the Movement for Quality Government in Israel (MQG) and the Military Defense Office, which represents soldiers and officers.
The Comptroller regularly reviews Israel’s preparedness and the effectiveness of government policies.
Previous reports related to the war have addressed problems such as shortcomings in the protection of critical infrastructure from missile threats, lack of academic support for university students called up for reserve duty, the war’s fiscal management, among others.
“The State Comptroller’s activities exceed his authority,” MQG lawyer Tomer Naor said. “An event of exceptional magnitude like October 7 requires a full, independent investigation by a state commission of inquiry. The only appropriate path remains a commission with full investigative powers.”
Englman’s office launched its wide-ranging review on January 7, 2024, less than four months after touring communities along the Gaza border and meeting with evacuees displaced by the attacks. He had planned to examine roughly 50 issues, employing some 200 auditors, and intended to hold political, military, and civilian leaders accountable for failures in preparedness and response.
Initially, a court order blocked publication of reports and audits into the most sensitive areas, halting work for approximately 15 months. Englman’s team resumed these audits in April 2025 after reaching understandings with the Israel Defense Forces (IDF) and the Israel Security Agency (Shin Bet). The High Court now effectively freezes the probe on core subjects, including the defense of southern communities, intelligence and political decision-making before and during the attacks, government diplomacy, economic measures related to Hamas, and the Nova music festival attack.
Petitioners warned that allowing the comptroller to investigate such issues could prejudice future inquiries and infringe on due process rights. The Attorney-General’s Office also expressed concern that Englman’s review risks disrupting evidence and violating procedural safeguards meant for a formal state investigation.
Englman’s attorneys countered that the law grants the comptroller broad authority to audit all public bodies, including the government and security establishment. They stressed that the office’s review is not a substitute for a state commission but rather addresses an accountability gap while the political system delays broader action. “Blocking these audits would leave critical failures unexamined and deny the public timely scrutiny,” Englman’s team argued in court.
The High Court’s decision shifts the burden to Englman to explain why he believes his office has the mandate to examine matters of national security, strategy, and personal responsibility. Englman has until February 1 to respond. The State Comptroller’s Office has not yet issued a response to the High Court’s decision.
Families affected by the October 7 attacks welcomed the ruling. An October Council representative said, “October 7 is the most serious failure in Israeli history and cannot be investigated through a limited administrative review lacking full powers and independence.”
The ruling comes amid broader political debate, as the government moves to establish a political commission of inquiry.
Israel’s governing coalition is advancing Knesset legislation to establish a politically appointed investigation into the failures that led to Hamas’ attack on October 7, 2023. Prime Minister Benjamin Netanyahu has resisted calls for a formal state commission of inquiry, calling it “politically biased.” Such commissions, led by senior Supreme Court justices, can summon witnesses, collect evidence, and make recommendations, though the government is not required to follow them.
The Israel Defense Forces has released a series of detailed internal probes examining how roughly 5,000 terrorists from Hamas and Palestinian Islamic Jihad were able to storm Israeli communities and overrun military positions. The reports reveal that the army’s chain of command collapsed amid the chaos as soldiers found themselves vastly outnumbered. Investigators concluded that the IDF misread Hamas’s intentions and misinterpreted intelligence warnings in the days leading up to October 7, while much of the military’s attention remained directed toward potential threats from Iran and its proxy Hezbollah in Lebanon.
The IDF probes only address issues of operations, intelligence, and command—not decisions made by the political echelon.
Israel’s last commission, investigating a Mount Meron stampede that killed 45, held Netanyahu personally responsible in 2024.
Around 1,200 people were killed, and 252 Israelis and foreigners were taken captive by Hamas during the October 7, 2023, attack on southern Israel. The body of Israeli Police Master Sgt. Ran Gvili remains in Gaza.
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