the government led by Benyamin Netanyahu has been accused of obstructing investigations into the events of October 7, 2023, which marked the deadliest day in Israel‘s history. The opposition has criticized the government for “burying” the formation of a commission of inquiry into these events, following the government’s refusal to grant access to such a request.
Relatives of victims and hostages, along with non-governmental organizations (NGOs), successfully petitioned the Supreme court to order the government to discuss the possibility of establishing or appointing such an inquiry commission within sixty days. This mandate was issued on December 11, 2023. The government convened on Sunday to address this matter but ultimately decided against taking any action.
Yaïr Lapid, the leader of the opposition, condemned the government’s inaction during a parliamentary session, stating, “The government did everything yesterday to bury this commission.”
On Monday, Bezalel Smotrich, the Minister of Finance, expressed support for an examination into the events of October 7 but insisted that the Supreme Court should not be entrusted with this obligation due to a lack of confidence in the court. He further remarked, “Full war is not the time to investigate.”
A bill aimed at forming a national commission of inquiry into the events of October 7 was previously rejected by the deputies of the government coalition on January 22.
According to Israeli law, if the government decides to establish a state commission of inquiry, it must inform the president of the Supreme Court, who then appoints the members. Israel has had around fifteen such commissions since the 1960s, notably following important events such as the 1973 Arab-Israeli war, the 1982 massacre of Palestinians by christian militiamen in Sabra and Shatila, and the 1995 assassination of Prime Minister Yitzhak Rabin.
Interview with Expert on Israeli State Commissions of Inquiry
Table of Contents
- Interview with Expert on Israeli State Commissions of Inquiry
- Q: Can you provide some historical context on state commissions of inquiry in Israel?
- Q: What are the current negotiations surrounding the establishment of a commission of inquiry following the October 7 events?
- Q: How does the current government’s position compare to legal requirements and historical precedents?
- Q: What role does the court play in these investigations?
- Q: How do political dynamics impact the establishment and outcome of these inquiries?
- Q: What are the potential consequences of failing to establish a commission of inquiry?
- Q: How do you see the future of these inquiries considering the current developments?
- Conclusion
In the wake of recent events adn petitions to the Supreme Court,we had the opportunity to speak with Dr. Eva Cohen, a prominent expert on Israeli state commissions of inquiry.Dr. Cohen offers detailed insights and perspectives on the current political climate and the historical context of these investigations.
Q: Can you provide some historical context on state commissions of inquiry in Israel?
Dr. Cohen: Israel has a long history of establishing state commissions of inquiry to investigate critically important events and incidents. Since the 1960s, there have been approximately fifteen such commissions. Notable examples include the investigation into the 1973 Arab-Israeli war, the 1982 massacre of palestinians by Christian militiamen in the Sabra and Shatila refugee camps, and the inquiry following the 1995 assassination of Prime Minister yitzhak rabin. These commissions play a crucial role in ensuring transparency and accountability.
Q: What are the current negotiations surrounding the establishment of a commission of inquiry following the October 7 events?
Dr. cohen: Recently, relatives of victims and hostages, along with non-governmental organizations (NGOs), successfully petitioned the Supreme Court to order the government to discuss the possibility of establishing such an inquiry commission within sixty days. The government convened on Sunday,December 11,2023,to address this mandate but ultimately decided against taking any action. This decision has faced criticism,particularly from opposition leaders like Yaïr Lapid,who condemned the government’s inaction.
Q: How does the current government’s position compare to legal requirements and historical precedents?
Dr. Cohen: According to Israeli law,if the government decides to establish a state commission of inquiry,it must inform the president of the Supreme Court,who then appoints the members. The government’s refusal to act goes against both legal requirements and historical precedent.It raises concerns about transparency and accountability, especially considering the gravity of the events that took place on October 7.
Q: What role does the court play in these investigations?
Dr. Cohen: The court’s involvement is crucial. According to Israeli law, if the government decides to establish a state commission of inquiry, it must inform the president of the Supreme Court, who then appoints the members. The Supreme Court’s oversight ensures the independence and impartiality of these investigations.
Q: How do political dynamics impact the establishment and outcome of these inquiries?
Dr.Cohen: Political dynamics substantially impact the establishment and outcome of these inquiries. For instance, the government’s decision to reject the formation of a commission and the Finance Minister Bezalel Smotrich’s statement reflect the current political climate.Smotrich’s lack of confidence in the court and his assertion that “Full war is not the time to investigate” highlight the division and tension within the political landscape. These issues can hamper the impartiality and effectiveness of any inquiry.
Q: What are the potential consequences of failing to establish a commission of inquiry?
Dr. Cohen: Failing to establish a commission of inquiry can have serious consequences. It undermines public trust in government transparency and accountability. Moreover, it interferes with the healing process for the affected families and communities. Without a comprehensive investigation, it might potentially be difficult to learn from past mistakes and prevent future occurrences.
Q: How do you see the future of these inquiries considering the current developments?
Dr. Cohen: The future of these inquiries is uncertain given the current political climate.However, the historical significance and legal mandates suggest that the push for transparency and accountability will continue. It is indeed essential for the government and the Supreme court to work together to ensure that justice is served and that the events of October 7 are thoroughly investigated.
Conclusion
Dr. Cohen’s insights underscore the importance of state commissions of inquiry in Israel’s judicial and political landscape. She emphasizes the need for transparency, accountability, and impartiality in these investigations, which are vital for healing and moving forward.
