By Pesach Benson • April 27, 2026
Jerusalem, 27 April, 2026 (TPS-IL) — Israel’s High Court of Justice gave the government two months to decide how it will investigate the failures surrounding the October 7, 2023, Hamas-led attack, declining for now to compel the immediate creation of a state commission of inquiry.
In its ruling on Monday, the panel of seven justices set a July 1 deadline for the government to present a concrete investigative plan, while expressing frustration that no formal process has yet been launched more than two years after the assault.
“The time has long since come to begin investigating the events,” the justices wrote, warning that the continued lack of clarity “raises considerable legal difficulties.”
The decision came in response to petitions demanding an independent state Inquiry Into the attack and the events leading up to it. Despite its criticism, the court stopped short of intervening directly. “The government is given broad discretion as to how to implement the duty imposed on it,” the ruling said.
At the same time, the justices made clear they expect progress. “We have deemed it appropriate at this stage to allow the government an additional period of some two months, in the hope that it will soon find a suitable outline… which will gain broad public approval,” they wrote.
The ruling also addressed a parallel legal debate over the court’s authority in the matter. Government representatives and some supporters have argued that decisions about establishing a state commission fall outside judicial oversight. The justices rejected that position, stating that under existing case law, the court is empowered to review such decisions, even if the government’s discretion remains extensive.
Tensions surrounding the issue were evident during a hearing last week, which was interrupted after demonstrators attempted to enter the courtroom. Proceedings were temporarily halted on security grounds before resuming.
During that hearing, a government lawyer argued that current conditions, including ongoing military considerations, made it premature to launch a formal inquiry. “The time is not yet ripe to establish a committee of inquiry,” attorney Michael Rabillo said, adding that Israel’s priority must remain “winning the fighting on all fronts.”
Several judges openly challenged that stance. “How many years can we wait?” one asked, while another criticized the absence of any investigative effort to date, saying, “Right now, we’re not investigating at all.”
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 government has proposed an alternative politically-appointed committee. The opposition has boycotted Knesset activities related to that initiative.
The Israel Defense Forces have 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. However, the military probes only address operational, intelligence, and command issues — not decisions made by the political echelon.
Around 1,200 people were killed, and 252 Israelis and foreign nationals were taken captive by Hamas during the October 7, 2023, attack on southern Israel. Most were freed in a series of exchanges with Hamas as part of a ceasefire.
Israel’s last commission of inquiry investigated the deaths of 45 people in a 2021 stampede at Mount Meron. That commission ultimately held Netanyahu personally responsible in 2024.
