Bill to Amend the Commissions of Inquiry Law, 5729–1969
Reasoning: The executive branch (government) should not determine by itself the manner of investigating events in which its own actions or omissions are also being examined.
Current situation: Today, the Commissions of Inquiry Law, 5729–1969, allows for the establishment of two types of commissions:
a state commission of inquiry and a governmental commission of inquiry.
Main differences
State Commission of Inquiry
- The chairperson and members of the commission are appointed by the President of the Supreme Court
- An autonomous and independent body
- Authorized to compel witnesses to appear
- Authorized to request documents and materials
- Enjoys powers similar to those of a court in taking evidence
Governmental Commission of Inquiry
- The members of the commission are appointed by the government
- Established by the government
- Its powers are limited
Proposed to add to the law the following instruction:
Any event that caused a large loss of human life, significant damage to national security, a systemic failure of government authorities, a widespread natural disaster or a technological disaster, or a crisis of national importance, will be investigated only by a national inquiry committee. The establishment of a government investigative committee instead of a national inquiry committee in such cases will not be allowed.
Budgetary implications: Acceptance of this amendment does not require an additional expenditure from the state budget.
- + Strengthening public trust.
- + Guarantees an independent and unbiased investigation.
- + Conflicts of interest.
- + Helps to unite the public around the conclusions of the investigation.
- + Guarantees full access to evidence and witnesses.
- − Limiting the government's discretion in choosing the investigative mechanism.
Examples of national investigation committees Commission of Inquiry into the 1973 Yom Kippur War Failures and Conduct (1973–1974) – Investigation of the failures and conduct in the Yom Kippur War. Commission of Inquiry into the Sabra and Shatila Massacres (1982–1983) – Investigation of the events of Sabra and Shatila. Commission of Inquiry into the Assassination of Prime Minister Yitzhak Rabin (1995–1996) – Investigation of the assassination of Prime Minister Yitzhak Rabin. Commission of Inquiry into the October 2000 Events (2000–2003) – Investigation of the events of October 2000. Commission of Inquiry into the Collapse of the Versailles Hall (2001–2002) – Investigation of the circumstances of the collapse of the building. Commission of Inquiry into the Mount Meron Disaster (2021–2024) – Investigation of the circumstances of the disaster in which 45 people were killed. Example of a government investigation committee The Winograd Commission (2006–2008) – Investigation of the conduct of the government and military leadership in the Second Lebanon War. The decision to establish a government investigation committee instead of a national investigation committee sparked widespread public criticism. The main criticism was that the government appointed a committee that investigated the actions of the government itself, raising doubts about its independence.