A revised version of a controversial bill, establishing a politically appointed investigative committee to probe government failures during the October 7 massacre, removed wording calling for a “full, thorough, and independent investigation” into the attacks, as was shown during a Knesset Constitution, Law, and Justice Committee meeting advancing the legislation on Wednesday.
Bereaved families affected by the attacks accused the government of attempting to whitewash government failures by revising the wording to not properly probe the attacks, as lawmakers resumed debates on the contentious government bill.
The advancement of the legislation comes more than two-and-a-half years after the massacre, with no probe yet established amid an ongoing dispute over what kind of investigation should be conducted and who should lead it. The bill seeks to promote a new investigative framework that diverges from the traditional independent state commission of inquiry mechanism, which is overseen by the Supreme Court.
Committee legal adviser Adv. Dr. Gur Bligh read out the updated purpose clause and asked why the words “a full, thorough, and independent investigation” had been removed.
Sponsor of the bill MK Ariel Kallner (Likud) argued that the reason for changing the wording was to make the legislation “more concise and the purpose clearer.”
He claimed that it would “allow equal management and address the public dispute.”
“The goal is for all parts of Israeli society to see themselves represented on the commission. There is no question whatsoever that this is meant to be a thorough, independent, and autonomous investigation,” Kallner added.
Bereaved families slam revised Oct. 7 inquiry bill
The October Council, a forum for bereaved families affected by the attacks, slammed the changed wording, saying that the “truth [about the bill] has come out.”
“Even in its original version, the law for a political whitewash commission was riddled with flaws, which the legal adviser to the Constitution Committee highlighted throughout the discussions,” the forum stated.
“Now, the government has chosen to delete the words ‘to ensure that a full, thorough, and independent investigation takes place,’ and it is clear to all of us why.”
“For nearly 1,000 days, they have refused to establish a state commission of inquiry, insisting on appointing their own investigators and predetermining the conclusions.”
Bereaved families arrived at the Knesset, where they pushed to halt the advancements bill, and called for an official state commission of inquiry to be conducted to investigate the attacks.
Opposition lawmakers have boycotted all committee discussions on the bill, stating in the past that they refused to partake in discussions on the legislation.
The revision comes as the committee returned to discussions on the bill at the beginning of its Knesset summer session. This is expected to be the last session before elections, during which the government will push to pass legislation it has been advancing.
Another aspect of the bill that was revised changed who would be eligible to serve on the investigative commission.
The proposal now states that no one may be appointed if they currently serve or previously served as a Supreme Court justice, member of the security cabinet, IDF officer of major general rank or above, head of the Shin Bet or deputy head, attorney-general, military advocate-general, or legal adviser to the Shin Bet.
Amid the ongoing rift between the government and the judiciary, Prime Minister Benjamin Netanyahu has repeatedly spoken out against judicial appointments being in charge of the investigation.
The bill, which passed its preliminary reading in December, must still pass three additional plenum readings to become law. In February, the committee’s legal adviser warned that the bill could jeopardize the integrity of an investigation into the October 7 attacks and highlighted several structural issues with the proposed framework.
The make-up of the bill differs from the traditional state commission of inquiry mechanism set out in the 1968 Commissions of Inquiry Law.
A state commission of inquiry is considered the most authoritative and independent investigative system under Israeli law. It operates entirely outside the political echelon – with members appointed by the Supreme Court’s chief justice – and has the power to subpoena witnesses and issue personal recommendations regarding individuals.
Under the framework laid out in Kallner’s bill proposal, Supreme Court appointments would be replaced by members selected through a Knesset-led process.
The commission would comprise about six members, according to the bill. Lawmakers would first be given a limited period to reach an agreement on all appointments in a vote requiring a supermajority of 80 Knesset members.
If no agreement were reached in the supermajority vote, the coalition and the opposition would each appoint three members to the committee.
If not all commission members are appointed within 14 days by either the coalition or opposition, the state comptroller will appoint the remaining members within an additional 14 days. The same mechanism for appointing co-chairs would also apply.
It further proposes appointing four overseers from among bereaved families of war casualties, who would be entitled to participate in aspects of the investigation.
Netanyahu is among the only major officials who have not resigned following the October 7 massacre. The political echelon has repeatedly blocked a state inquiry into the events surrounding the attacks, despite polls showing huge public support for this type of investigation.
The premier released a 55-page document in February that outlined answers he gave to State Comptroller Matanyahu Englman as part of the investigation into the October 7 Hamas attack.
The prime minister’s answers point to failures among officials in the security establishment and appear to deflect his role in the outcome of the attacks. Opposition leader Yair Lapid accused Netanyahu of manipulating and selectively editing the documents to evade responsibility.
There have been other instances in which the government was accused of avoiding accountability for the attacks.
In October, the government voted in favor of Netanyahu’s proposal to change the official name of the Israel-Hamas War from Operation Swords of Iron to War of Revival.
This decision also sparked controversy, with critics saying that framing the war as a “revival” was a way for the government to evade responsibility for the failures on October 7.
Leading rival candidate in the upcoming elections, Naftali Bennett, and other opposition party leaders have vowed to conduct a state commission of inquiry into the October 7 attack if elected.
In the Knesset this week, Lapid, Yisrael Beytenu leader MK Avigdor Liberman, Democrats leader Yair Golan, and Blue and White leader MK Benny Gantz signed a document with the October Council, in which they committed to forming a state commission of inquiry in the next government after elections.