update deskOctober 7

High Court orders halt to Oct. 7 probe of IDF, ISA

Justice Gila Canfy-Steinitz wrote that the decision was made after reviewing classified documents submitted by security agencies.

Israeli State Comptroller Matanyahu Englman attends the Calcalist conference in Tel Aviv on Dec. 31, 2019. Photo by Miriam Alster/Flash90.
Israeli State Comptroller Matanyahu Englman attends the Calcalist conference in Tel Aviv on Dec. 31, 2019. Photo by Miriam Alster/Flash90.

Israel’s Supreme Court, sitting as the High Court of Justice, issued an interim order on Sunday instructing State Comptroller Matanyahu Englman to suspend any parts of a probe into the failings of Oct. 7 that deal with the Israel Defense Forces and Israel Security Agency.

Justice Gila Canfy-Steinitz wrote that the decision was made after reviewing classified documents submitted by security agencies.

“In view of the complex security reality, the planned scope of the investigation, which will deal, among other things, with the combat support system and core operational issues, and the preparation required to respond to it [the investigation] at the current time…I order the suspension of the investigation procedures in everything that relates to the IDF and ISA,” she stated in her ruling, according to Ynet.

The investigation has been halted until the court hears petitions against the Oct. 7 probe in July.

Englman announced the investigation in December 2023, drawing criticism from government watchdog groups who petitioned the court against the initiative, arguing that the matter falls outside his jurisdiction, could interfere with the IDF’s operational capabilities and also ignore political responsibility for the Oct. 7 massacre.

The IDF and the State Attorney’s Office also oppose the investigation.

IDF Chief of Staff Lt. Gen. Herzi Halevi in January reportedly requested that Englman hold off on launching a separate probe until after Hamas is defeated, to avoid harming the IDF’s war effort.

The army chief was said to have told Englman that a public investigation by the State Comptroller’s Office would “distract commanders and harm the ability and quality of the IDF’s ongoing operational probe” and “prevent implementing the lessons necessary to achieve war goals.”

Israeli Prime Minister Benjamin Netanyahu’s Cabinet secretary, Yossi Fuchs, met with Englman and likewise asked him to postpone his inquiry.

Responding to Halevi at the time, Englman insisted that “the severe failures that led to the events of Oct. 7 require a deep and fundamental examination by the State Comptroller’s Office of all echelons, political, military and civilian.

“Audit teams were instructed not to hold tours of IDF bases and meetings with IDF officials so as not to divert their attention from the war,” Englman added in a letter to Halevi.

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