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Israeli officials on Monday denied Attorney General Gali Baharav-Miara’s claim that Israel had informed the International Court of Justice (ICJ) of plans to establish a state commission of inquiry into the failures surrounding the October 7 Hamas attack.
Senior officials said Baharav-Miara’s statement, made during a heated government meeting a day earlier, was incorrect. “Israel never committed to establishing a commission of inquiry in The Hague, and the prime minister never approved such a thing,” the officials said.
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Prime Minister Benjamin Netanyahu and Attorney General Gali Baharav-Miara
(Photo: Yoav Dudkevitch, Elad Gershgorn)
The meeting, during which several ministers criticized Baharav-Miara, was held in response to a High Court of Justice-mandated discussion on forming a state commission to investigate the attack.
When the attorney general questioned why Shin Bet Director Ronen Bar’s opinion had not been shared with ministers, Prime Minister Benjamin Netanyahu reacted angrily. "He’s a clerk; how is he relevant to this matter?" Netanyahu reportedly said, later questioning Bar’s authority to express an opinion on the issue.
Baharav-Miara defended her stance, saying Israel had conveyed to the ICJ that it intended to establish a state commission of inquiry. Netanyahu responded, “Who authorized this?” to which she replied, “You did, sir.”
However, officials pushed back on her assertion, saying Israel had merely stated that its legal system allows for investigative bodies capable of probing decision-makers but had never committed to forming one.
"The prime minister never approved such a thing," the officials said, adding that the ICJ prosecutor is demanding an investigation into Netanyahu and former defense minister Yoav Gallant's conduct over the course of the war, whereas the proposed commission would focus solely on the failures leading to October 7.
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“This was not promised to the prosecutor, it is unrelated, and even if it had been, it would not be relevant, as the prosecutor is seeking a criminal investigation,” they said.
Baharav-Miara’s office declined to comment on the officials’ claims.
Knesset debate over inquiry commission intensifies
The issue of establishing a state commission of inquiry was also at the center of faction meetings in the Knesset. National Unity Party leader Benny Gantz criticized the government’s hesitation, calling it “complete detachment” from reality.
"The idea of not establishing a state commission of inquiry into the greatest disaster to befall the Jewish people since the Holocaust is unacceptable," he said. Gantz dismissed claims that the High Court bore responsibility for the attack, calling such arguments “pathetic spin.”
He emphasized that a state commission would have full authority to subpoena key figures but warned that political and security officials must take responsibility. "The October 7 disaster is a defining event in Israel’s history. It must be thoroughly investigated, and the only way to do so is through a state commission of inquiry," he said.
Opposition leader Yair Lapid announced a nationwide signature campaign demanding the establishment of an inquiry. "The government is doing everything to bury the state commission of inquiry," he said.
"They postponed it by another three months because they don’t want us to know the truth—why the prime minister ignored intelligence, why they strengthened Hamas and why the hostages are still not home."
Lapid accused the government of trying to avoid accountability. "This was the greatest disaster in our nation’s history, and they are doing everything to avoid responsibility," he said.
Yisrael Beitenu leader Avigdor Liberman echoed the criticism, arguing that the failure to establish a commission showed the government prioritized political survival over security concerns. "A leader who refuses to investigate is a leader unwilling to take responsibility," he said.