High Court hints at allowing investigation of IDF failures on October 7

Supreme Court justices hint at lifting freeze on IDF review after October 7 investigation stalls.

By AVRAHAM BLOCH NOVEMBER 17, 2024 18:27

THE HIGH Court of Justice has been a paper tiger in everything concerning the Netanyahu bloc’s interests, says the writer (photo credit: YONATAN SINDEL/FLASH90)

On Sunday, during a hearing on petitions opposing the State Comptroller’s investigation into the IDF’s actions on October 7, Supreme Court justices suggested they may lift the existing order that currently freezes the Comptroller’s review of the military's conduct that day.

"A brief additional period is necessary to complete discussions between the IDF and the State Comptroller," Attorney Yonatan Berman from the State Attorney's High Court Division said during the hearing. "We have not yet reached a satisfactory agreement on the issues, but we believe progress is achievable. It is important to reach an agreement and work together, recognizing that collaboration is the best way forward. While both sides have demonstrated goodwill, no framework has been finalized."

Two more weeks needed

In response to Justice Noam Sohlberg's question, Berman stated that about two weeks would be needed.

Attorney Elia Tsunz, representing the State Comptroller, presented a different perspective.

"The discussions between the parties have been exhausted. We have developed a framework to manage workload effectively, ensuring that no combat unit is impacted," Tsunz said. "While we are prepared to accept significant limitations, the talks ended without an agreement. There remains a fundamental resistance within the IDF to the review."

THE JUSTICES hold a High Court hearing on petitions against the reasonableness standard law, in September. (credit: YONATAN SINDEL/FLASH90)

"In our opinion, the gaps are not substantial, but they cannot be resolved in just a few days," Tsunz added. "We are at a very advanced stage, and simply allowing more time will not solve the issue. We would welcome their input if the justices are open to hearing ex parte arguments about the remaining gaps. This is not a matter that can be settled in two or even seven days."

According to Tsunz, the issue stems from the IDF's approach, while other entities have cooperated appropriately.

"With the Shin Bet, we are currently conducting reviews as agreed upon with the state. There are no issues, even with new topics. The same goes for the Prime Minister's Office and the Defense Ministry. The gaps with the IDF are not about time."

Justices Noam Sohlberg, Yael Wilner, and David Mintz convened for a brief consultation before scheduling another hearing for Thursday at 3 p.m. They hinted that if no agreement is reached between the IDF and the State Comptroller, the court might remove the interim order currently halting the military review.