Israeli Supreme Court suspends state auditor’s investigation into Oct. 7 failures, ET LegalWorld

Israel’s Supreme Court on Sunday ordered Israel’s State Comptroller Matanyahu Englman to suspend his investigation into security services’ failures on October 7 until a hearing on the matter in July.

The Auditor General, also known as the State Ombudsman, publishes periodic reports examining Israel’s preparations and the effectiveness of government policies.

Government watchdog groups petitioned the court against Englman’s investigation, arguing that the security issues went beyond the controller’s purview, that the investigation would cause operational damage to the army, and that the investigation did not address political responsibility for decisions made in the run-up to Hamas’ attacks on communities near the Gaza border.

In May, Supreme Court Justice Gila Canfy-Steinitz decided not to halt the state comptroller’s investigation, but on Sunday she said confidential responses from security agencies had led her to suspend Englman’s investigation until a hearing in July.

“Given the complex security reality, the planned scope of the investigation, which will address, among other things, the Combat Support System and key operational issues, and the preparations required at this time to respond to it (the investigation) … I am ordering the suspension of investigative proceedings in all matters concerning the Israel Defense Forces and the Shin Bet,” Canfy-Steinitz ruled.

The Chief of Staff of the Israel Defense Forces, Lieutenant General Herzi Halevi, and the public prosecutor’s office also rejected Englman’s investigation.

In February, Israel Defense Forces Chief of Staff Lt. Gen. Herzi Halevi ordered an internal investigation into the October 7 military failures. This investigation will examine the Israel Defense Forces General Staff, military intelligence, the deficiencies of Gaza’s border defenses, and general operational matters. Its mandate does not include political-level decisions.

After the war, a separate, independent commission of inquiry will be set up with a broader mandate, including political wrongdoing. Such commissions will have greater powers to summon witnesses and collect evidence. They will be headed by a senior Supreme Court judge.

Hamas attacks on Israeli communities near the Gaza border on October 7 left at least 1,200 people dead and 252 Israelis and foreigners taken hostage. Of the 116 remaining hostages, more than 30 are believed to be dead.