Likud MK Ariel Kallner Removes Independent Probe Clause From Oct. 7 Inquiry Bill

A clause calling for a “full, thorough and independent” investigation of the state’s failures on and leading up to Hamas’s assault on October 7, 2023 was removed from a Likud bill aimed at establishing a politically appointed probe.

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Actu-Juridique

In the revised bill shared with lawmakers, MK Ariel Kallner said the commission would be established “for the best response to the difficult public dispute surrounding the identity of the body that appoints the committee members,” including appointment by consensus or in an equal manner between both sides in the Knesset.

Haaretz

The Times of Israel said the legislation passed its preliminary reading in December and is intended to establish a politically appointed commission rather than an independent state commission of inquiry, while Attorney General Gali Baharav-Miara criticized it as “tailor-made” for the “personal” needs of the government.

The October 7, 2023 attack saw thousands of Hamas-led terrorists cross into Israel from Gaza, killing some 1,200 people, most of them civilians, and taking another 251 hostages.

The bill’s latest version also calls to exclude current and former High Court judges, attorney generals, officers over the rank of major general, Shin Bet chiefs and members of the national security cabinet from serving as members of the proposed inquiry.

The Times of Israel reported that when asked about the change, Kallner told the Ynet news site that “the words were not deleted intentionally,” blaming their deletion on a “clerical error.”

However, the same report said Kallner also contradicted that statement by saying the new phrasing was “intended to clarify the purpose,” to provide a response to the public controversy.

Haaretz

Haaretz described the revised bill as barring current or former Supreme Court justices from serving on a state commission investigating Hamas’ Oct. 7 attack, while also prohibiting former attorneys general, Shin Bet chiefs and senior security and legal officials from serving on the panel.

Haaretz added that the bill softens the stated purpose by replacing language calling for a “full, thorough and independent investigation” with wording focused on “examining the massacre,” and emphasizing appointments acceptable to both sides of Israel’s political divide.

The October Council, representing victims and bereaved family groups, sharply criticized the proposal, writing “The cat is out of the bag,” and saying the government’s deletion of the independence language made its intentions clear.

Under the proposal described by Haaretz, the commission would be formed with six or seven members, and within two weeks of the bill passing the Knesset Speaker would present a proposal including the names of the commission’s chairman and its members “after consulting as much as possible with representatives of the coalition and opposition.”

“Sam Sokol is the Times of Israel's political correspondent”

The Times of Israel

Haaretz said the composition would be brought before the Knesset for approval within seven days and would require a majority of 80 Knesset members, and if that majority was not reached the chairman of the Knesset House Committee and the leader of the opposition would each appoint three commission members.

Haaretz also reported that 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 would appoint the missing members.

The Times of Israel said the commission would be joined by four supervisory members representing bereaved families, and it stipulated that the Knesset Speaker would send lawmakers a proposed list of potential members following consultation with both the coalition and opposition.

Haaretz further said the new draft proposes appointing four members of bereaved families from the Gaza war as observers, permitted to participate in discussions, propose questions, and submit written comments before the report’s publication.