The Daily Populous Sunday March 16th, 2025 night edition
Authored by theatlantic.com and submitted by theatlantic

If there’s one thing most Israelis agree on after nearly a year and a half of war, it’s the need for a deep, impartial investigation into the catastrophe of October 7—laying bare what went wrong that day, beforehand, and possibly after. The demand for such an inquiry has escalated, voiced in equal measure by gaunt ex-hostages and the outgoing, guilt-ridden, military chief of staff.

And if there is one thing that Prime Minister Benjamin Netanyahu does not want, it is such an investigation. The reason isn’t hard to fathom. A serious probe will likely hold Netanyahu responsible for Hamas catching Israel unprepared. Its conclusions could echo the signs directed at the prime minister at street protests: You’re the boss. You’re guilty.

Commissions of inquiry are the normal mechanism by which Israeli governance reckons with its response to extraordinary events. The procedure for creating one is enshrined in law: The cabinet votes to create the commission and defines the scope of its inquiry. The chief justice of the supreme court appoints the members, and a senior judge or retired judge chairs. In the weightiest investigations, the chief justice has chaired the commission. The panel can subpoena witnesses and documents. It can find individuals responsible for actions and omissions. The findings aren’t criminal convictions, but they can include recommendations to dismiss high officials.

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The best-known inquiry commissions have near-mythic status in Israeli memory. One investigated how Israel was taken by surprise at the start of the 1973 Yom Kippur War, and its preliminary report sparked the resignation or dismissal first of top generals and then of Prime Minister Golda Meir, ending her career.

Another examined Israel’s role in the 1982 massacre, by a Lebanese Christian militia, of Palestinians in the refugee camps of Sabra and Shatila in Beirut. The inquiry’s most resounding conclusion was that Defense Minister Ariel Sharon bore “personal responsibility,” because he “ignored the danger of acts of revenge and bloodshed” by the militia. Sharon resigned. Even when he became prime minister many years later, he did not hold the defense post again, as some prime ministers have done.

With rare exceptions, the law on commissions of inquiry requires the government to decide to investigate itself. This is the procedure’s weakness, but popular pressure has historically proved effective in forcing the government’s hand. Meir decided to create the commission that ultimately forced her out in response to the public anger, spurred by army reservists returning home from the front. Prime Minister Menachem Begin’s government understood that it needed to act after an estimated 400,000 demonstrators flooded central Tel Aviv in what was then the largest protest the country had ever seen.

This history best explains why the public today expects an inquiry commission, and why Netanyahu resists appointing one: Disasters beget commissions, and commissions can beget upheaval.

Polling shows that up to 83 percent of Israelis, including a large majority of voters for parties in the ruling coalition, want a state inquiry into October 7. And in recent days, pressure for an inquiry has grown. One reason is that a slew of internal army investigations have been released, probing, among other things, the failure to defend border communities on the morning of the attack, and the years of overly sanguine assessments of Hamas.

Those inquiries reinforce earlier press reports based on leaks and add frightening detail. The Military Intelligence Directorate had stopped listening in real time to Hamas walkie-talkies. It had acquired Hamas’s plan for an invasion of Israel—and dismissed it as purely aspirational. Completely misreading Hamas, the army believed that it was deterred from attacking Israel by the outcome of previous fighting. That bias led it to dismiss multiple signs of the impending attack in the hours before it began.

The army’s investigation and a parallel one by the Shin Bet counterintelligence agency lay out those bodies’ mistakes. Only obliquely, though, do they say anything about the decisions or negligence of the government. This makes sense; an army investigation of elected leaders would have the scent of a coup. But the publication of the army probes draws attention to the government’s refusal to be investigated.

It also fits a pattern. Generals have acknowledged that they let the country down; Netanyahu hasn’t. The military chief of staff on October 7 and after, Herzi Halevi, resigned just after the current cease-fire began in January and left office last week. The disaster occurred “on my watch, and I bear responsibility,” Halevi said when he turned over command. Then he added—pointedly, as Netanyahu was present—“It’s not right that only the Israel Defense Forces investigate an event like this. Establishing a state commission of inquiry is necessary and essential.”

Early this month, opposition parties managed to force the Knesset to hold a debate on establishing a state commission. An opposition parliamentarian read a letter from Yarden Bibas, who was taken captive on October 7 and released in the first stage of the now-stalled hostage deal. Bibas was still observing the traditional Jewish week of mourning for his murdered wife and two small children, whose bodies had been returned from Gaza. “I call on you, Mr. Prime Minister,” Bibas wrote, to “unite the people of Israel, bring peace to our souls, fulfill the will of the people and the [victims’] families. Announce today the establishment of a state commission of inquiry.”

Netanyahu was required to respond, and he did so with a speech of more than half an hour that included jibes at the opposition and an attempt to link the former prime minister and outspoken government critic Ehud Barak to Jeffrey Epstein. On the inquiry issue itself, he conceded that “it’s crucial to investigate thoroughly everything that happened on October 7.” But, he claimed, a state commission would be “politically tilted” and its “conclusions known in advance.”

What he and “a majority of the people” wanted, he said, was an “objective, balanced” inquiry panel. He appeared to be referring to plans that his inner circle had reportedly floated to get around the commission law, possibly by establishing an ad hoc parliamentary panel with coalition and opposition members. Under the commission law, Chief Justice Yitzhak Amit would choose the panel, and the retired chief justice Esther Hayut could conceivably chair it. The prime minister and his coalition regard both judges as too liberal—and too independent. But what they seem to be suggesting instead is to choose the panel on the basis of party, which would be overtly political, as well as lacking the long precedent and settled law of a state commission.

Read: How Netanyahu misread his relationship with Trump

Netanyahu was prime minister for 13 of the 14 years before October 7. A commission of inquiry might look into his strategic choice to allow Hamas to remain in control of Gaza as a means of keeping the Palestinians divided. It might also determine whether the notion that Hamas had been deterred, and so did not pose an immediate threat, was the army’s and that Netanyahu simply failed to question it—or whether generals shaped their evaluations to fit what the prime minister wanted to hear. Such an inquiry could determine what warning signs the prime minister may have ignored in the days and years before the catastrophe.

In Israel, a state commission of inquiry is not merely a judicial instrument or a means of settling facts. It’s a ritual of national closure that allows people to put events in order and move on. The commission’s summary of errors and of horrors, its assessment of culpability, its recommendations for the future—all of these help turn trauma into history.

Netanyahu is more aware than anyone of what an inquiry might discover beyond what the public already knows. The longer and more insistently he opposes a state commission, the more he reinforces the expectation that he will be weighed in the balance and found wanting.

linzenator-maximus on March 15th, 2025 at 21:40 UTC »

Bibi will legitimatley die before giving up his throne

timmg on March 15th, 2025 at 20:17 UTC »

I remember on Oct 7th posting something like: "This is the best thing that could have ever happened for Netanyahu."

And it kinda seems like I was right. He's been on top since the attacks. I'm not sure he has a lot of incentive to end the conflict. That's a terribly cynical thing to say, I know. But...

theatlantic on March 15th, 2025 at 17:12 UTC »

Gershom Gorenberg: “If there’s one thing most Israelis agree on after nearly a year and a half of war, it’s the need for a deep, impartial investigation into the catastrophe of October 7—laying bare what went wrong that day, beforehand, and possibly after. The demand for such an inquiry has escalated, voiced in equal measure by gaunt ex-hostages and the outgoing, guilt-ridden, military chief of staff.

“And if there is one thing that Prime Minister Benjamin Netanyahu does not want, it is such an investigation. The reason isn’t hard to fathom. A serious probe will likely hold Netanyahu responsible for Hamas catching Israel unprepared. Its conclusions could echo the signs directed at the prime minister at street protests: You’re the boss. You’re guilty.

“Commissions of inquiry are the normal mechanism by which Israeli governance reckons with its response to extraordinary events. The procedure for creating one is enshrined in law: The cabinet votes to create the commission and defines the scope of its inquiry. The chief justice of the supreme court appoints the members, and a senior judge or retired judge chairs. In the weightiest investigations, the chief justice has chaired the commission. The panel can subpoena witnesses and documents. It can find individuals responsible for actions and omissions. The findings aren’t criminal convictions, but they can include recommendations to dismiss high officials.

“… With rare exceptions, the law on commissions of inquiry requires the government to decide to investigate itself. This is the procedure’s weakness, but popular pressure has historically proved effective in forcing the government’s hand … Prime Minister Menachem Begin’s government understood that it needed to act after an estimated 400,000 demonstrators flooded central Tel Aviv in what was then the largest protest the country had ever seen.

“… Polling shows that up to 83 percent of Israelis, including a large majority of voters for parties in the ruling coalition, want a state inquiry into October 7. And in recent days, pressure for an inquiry has grown. One reason is that a slew of internal army investigations have been released, probing, among other things, the failure to defend border communities on the morning of the attack, and the years of overly sanguine assessments of Hamas.

“… Netanyahu was prime minister for 13 of the 14 years before October 7. A commission of inquiry might look into his strategic choice to allow Hamas to remain in control of Gaza as a means of keeping the Palestinians divided. It might also determine whether the notion that Hamas had been deterred, and so did not pose an immediate threat, was the army’s and that Netanyahu simply failed to question it—or whether generals shaped their evaluations to fit what the prime minister wanted to hear. Such an inquiry could determine what warning signs the prime minister may have ignored in the days and years before the catastrophe.

“In Israel, a state commission of inquiry is not merely a judicial instrument or a means of settling facts. It’s a ritual of national closure that allows people to put events in order and move on. The commission’s summary of errors and of horrors, its assessment of culpability, its recommendations for the future—all of these help turn trauma into history.”

Read more: https://theatln.tc/NUSUWCiS