Israeli Lawmaker Proposes Changes to Composition Rules for Oct. 7 State Commission of Inquiry

Israeli lawmaker Ariel Kallner from Prime Minister Benjamin Netanyahu's Likud party proposed legislation barring current or former Supreme Court justices from serving on a state commission investigating Hamas' Oct. 7 attack. The revised bill by Ariel Kallner would also prohibit former attorneys general, Shin Bet chiefs and senior security and legal officials from serving on the panel.

It would allow the appointment of anyone eligible to become a Supreme Court justice and remove an earlier requirement that committee members hold security clearance. Under Israeli law, a state commission of inquiry is typically headed by a sitting or retired Supreme Court justice appointed by the court's president.

Such a body is considered the country's highest-ranking independent investigative body.

The new draft is set to be discussed in the Knesset Constitution, Law and Justice Committee on Wednesday. It emphasizes appointments acceptable to both sides of Israel's political divide. Last year, the government announced the establishment of a governmental investigative committee to examine the failures surrounding October 7, which stops short of being a state commission of inquiry.

The bill has been discussed in Knesset committees and has faced scrutiny by opposition members and bereaved family groups calling for a state commission of inquiry. The composition of the commission, which is set to have six or seven members, will be brought before the Knesset for approval within seven days.

In the absence of a majority of 80 Knesset members, the commission members will be appointed by the chairman of the Knesset House Committee and the leader of the opposition, with each appointing three members. At least 25 Knesset members from several coalition or opposition caucuses must agree to the appointment in writing.

If the chairman of the House Committee and the opposition leader fail to reach an agreement and appoint all commission members within two weeks, the state comptroller will appoint the missing members.

Prime Minister Benjamin Netanyahu seeks to promote the election of his lawyer, Michael Rabello, to the position of state comptroller in the upcoming elections for the role next month. The new draft proposes appointing four members of bereaved families from the Gaza war as observers.

Observers will be permitted to participate in discussions, propose questions, and submit written comments before the report's publication.

Israel's High Court of Justice said late last month it would grant the government headed by Prime Minister Benjamin Netanyahu two more months to form a framework to establish a commission of inquiry into the October 7 attacks on southern Israel.

“The cat is out of the bag. Now the government has chosen to delete the words 'to ensure a full, thorough, and independent investigation' from it, and it is clear to all of us why.”

“— The October Council, which represents victims and bereaved families affected by October 7. Haaretz reported that the October Council sharply criticized the proposed bill, saying it revealed the government's true intentions.”