JERUSALEM — The Knesset plenum passed the first reading of a bill on Monday to establish an investigative committee into government failures during the October 7, 2023 attacks. The bill passed with 59 votes in favor, while opposition lawmakers boycotted the vote and did not participate.

The legislation, sponsored by Likud MK Ariel Kallner, proposes replacing Supreme Court appointments for the commission with members selected through a Knesset-led process. The proposed commission would comprise six members appointed by the Knesset, with lawmakers given a limited period to reach an agreement on all appointments through a supermajority vote of 80 Knesset members.

The Knesset Speaker would be responsible for providing a list of commission appointees and would be expected to consult with both coalition and opposition factions. If no agreement is reached in the supermajority vote, the coalition and the leader of the opposition would each appoint three members to the committee. The coalition's appointments would require written support from at least 61 coalition MKs, while the opposition's appointments would require written support from a majority of opposition MKs.

Individuals are ineligible to serve on the commission if they held specific positions 18 years before the October 7 attacks. These positions include a Supreme Court justice, prime minister, member of the security cabinet, IDF officer of major general rank or above, head or deputy head of the Shin Bet, attorney-general, military advocate-general, or legal adviser to the Shin Bet. At least one commission member would be required to be qualified for appointment as a Supreme Court justice, signifying an attorney with a minimum of ten years of legal experience.

The bill also proposes appointing four overseers from among bereaved families of war casualties, who would be entitled to participate in aspects of the investigation. Committee hearings are expected to be open to the public and broadcast, though not live. If the opposition does not participate in the committee, the investigative committee would be permitted to run with only three members from the coalition. The bill passed its preliminary reading in December.

Why It Matters

This bill introduces a new method for establishing an investigative committee into the October 7, 2023 attacks, shifting appointment authority from the Supreme Court to the Knesset. A state commission of inquiry, as defined by the 1968 Commissions of Inquiry Law, typically operates outside the political echelon with members appointed by the Supreme Court's chief justice. The October Council accused the government of attempting to whitewash government failures.

The Knesset's Constitution Law and Justice Committee legal adviser warned that the bill could jeopardize the integrity of an investigation into the October 7 attacks. Language calling for a "full, thorough, and independent investigation" was briefly removed from the bill in May before being reinstated.