The government on Sunday told the High Court of Justice that it has no legal authority to compel the establishment of a state commission of inquiry into the failures surrounding Hamas’s October 7 massacre, saying that such a move would constitute an unprecedented breach of the separation of powers.
In a response filed following a court order that was issued earlier this month, the government said the decision whether to establish a state commission – and when – lies exclusively with the government under the Commissions of Inquiry Law, and cannot be dictated by the judiciary, even in the wake of a national catastrophe.
The filing frames the dispute first and foremost as a constitutional question, asserting that judicial intervention would strip the executive branch of a
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