The war in Gaza is over, but the fight in Israel for accountability has barely begun

Thousands of Israelis gather Saturday in Tel Aviv, Israel, to demand an official investigation into the events of October 7, 2023. (Mostafa Alkharouf/Anadolu/Getty Images via CNN Newsource)

Tel Aviv, Israel — “Do you really think, Mr. Netanyahu, that you can rename wars, hand out medals, tell tales of your heroism – and still avoid investigating the greatest national failure in Israel’s history?”

Eyal Eshel’s voice cracked with rage as he stood on stage in Tel Aviv Saturday night and read aloud to thousands of protestors the cabinet’s recent decision to rename the Gaza war from “Operation Swords of Iron” to the “War of Redemption.” Then he tore it to shreds.

“Forget it,” Eshel, whose daughter Roni was killed as an Israel Defense Forces (IDF) observer at Nahal Oz on Oct. 7, continued. “We, the bereaved families, the residents of the Gaza envelope, the citizens of Israel – we will not let you. Until you investigate, there will be no revival. My Roni will not return, but the truth still can.”

The scene captured one of the central battles now unfolding in Israel. The long war in Gaza has drawn to a close, but the domestic confrontation over accountability has barely begun.

More than two years after the deadliest day in Israel’s history, the government has yet to establish an official state commission of inquiry to investigate the security and intelligence failures that enabled Hamas to kill over 1,200 Israelis and kidnap more than 250 others.

Instead, on Sunday, the government decided to move forward with establishing an “independent” commission of inquiry into the events of Oct. 7, which will have “full investigative powers, and its composition will reflect the broadest possible public consensus.”

According to the decision, Netanyahu will appoint a ministerial committee to present within 45 days its recommendation on the commission’s mandate. Instead of a state commission of inquiry, it’s a further delay.

After the decision, the October Council - a coalition of bereaved families and survivors - condemned what it called the “political commission” and announced further demonstrations.

During the war, Prime Minister Benjamin Netanyahu repeatedly argued that an inquiry must wait until the fighting ended. Now that it is, bereaved families, survivors, and residents from the devastated Gaza border communities are intensifying their demand for a state commission of inquiry that will give them answers.

A state commission of inquiry is the most powerful mechanism in Israeli law – empowered to investigate national-level disasters and decisions independent from the government of the day.

Netanyahu, is pushing an alternative mechanism that would allow him to maintain control over who investigates and who bears responsibility, which critics say is designed to protect him rather than uncover the truth.

Saturday’s rally was the first time the October Council organized a mass protest, in an attempt to mobilize public support.

“On Oct. 7, more than 1,200 men, women and children were murdered or fell in battle. Babies were slaughtered in their cribs. Entire families were wiped out before our eyes. This was not just an attack – it was a small Holocaust in the heart of the State of Israel,” Rafi Ben Shitrit, whose son Elroi was killed in battle at the Nahal Oz post told the crowd.

“Out of this pain – from the ashes – we must demand the one thing that should have been obvious,” he continued. “A full, independent state commission of inquiry to examine every process, every failure, every act of neglect, every silence. Without uncovering the full truth, there can be no repair.”

Yet Netanyahu has adamantly resisted calls for such a commission because its members would be appointed by the Chief Justice of Israel’s Supreme Court, an institution his government has spent the past three years undermining.

He has transformed his government’s clash with Israel’s judiciary, which predates the Gaza war, into a shield against calls for accountability, arguing there is low public trust in a state inquiry commission because it falls under the Supreme Court’s jurisdiction.

Last week, Netanyahu reiterated in the Knesset that any future commission will not be, under any circumstances, a state commission of inquiry.

During a debate initiated by 40 opposition parliamentarians, he claimed that “a large part of the public has no faith in a state commission of inquiry. We will promote a committee that represents all parts of the nation. The opposition shouts ‘state commission,’ yet they know that half of Israel would not accept its composition or conclusions. We seek a balanced committee that will investigate everyone and enjoy broad public trust.”

Members of the October Council attending the session turned their backs in protest.

Despite Netanyahu’s repeated claims that most Israelis oppose a state commission – and his campaign against it – repeated opinion surveys suggest the opposite. A poll by the Institute for National Security Studies in late October found that nearly three-quarters of Israelis (74 per cent) support establishing a state commission, compared to just 17 per cent who oppose it. Even among coalition voters, a majority (52 per cent) back the move, while support among opposition voters reaches 92 per cent.

But public opinion hasn’t nudged Netanyahu’s government. Under pressure from petitions by bereaved families to the High Court, the cabinet has held repeated debates on the matter – but stopped short of any commitment. A discussion scheduled for Sunday is unlikely to break that pattern.

Since the war ended, however, Netanyahu has stepped up efforts to establish a more limited alternative.

One model is a government committee whose members he could appoint; another is a parliamentary committee divided equally between coalition and opposition representatives which would likely lead quickly to deadlock and paralysis. Neither would enjoy the independence of a state commission.

According to two Israeli sources, Netanyahu seeks to prevent a future government from determining who investigates and who bears blame by establishing his own inquiry before elections that are due next year. What the October council families are demanding – a body capable of uncovering the full truth – is precisely what Netanyahu’s alternatives are designed to avoid.

Meanwhile, the IDF has completed internal probes and the state comptroller’s office is conducting a broad investigation that tries to fill the void by extending beyond its usual remit. But without subpoena powers or a public mandate, their reports fall short from naming those responsible or recommending dismissals.

For families who lost loved ones on Oct. 7, technical reviews are no substitute for a national reckoning.

“Every institution is investigating itself,” said Hila Abir, whose brother Lotan was murdered at the Nova music festival. “That’s not accountability. We need a real, independent commission that publishes findings and brings change - so that we never wake up to another Oct. 7.”

“We wake up every morning still not feeling safe,” Abir added. “That should worry every Israeli.”