No Need for State Commission of Inquiry, We Already Know Who’s Responsible

Ma’ariv, Israel, Nov. 19

A state commission of inquiry into the Oct. 7 events is set to be established in accordance with a government decision that will determine its scope and objectives. The wording of this decision, carefully crafted by the government and its legal advisers, will ultimately determine who will be held accountable for the tragic events that have befallen us. This decision-making process poses a grave risk, as it comes on the heels of other critical errors in managing state affairs, particularly with regard to the protection of communities located on the border of the Gaza Strip. In Israel, state commissions of inquiry were created as a parallel system to criminal proceedings, with the purpose of identifying responsibility for omissions that harm the state’s interests and learning from them for future governance. The use of the criminal procedure is inadequate in achieving our goals. Its focus on determining criminal liability and punishment is not suitable for addressing complex situations with potential omissions. Despite this, we continue to turn to investigative commissions as a means of avoiding personal responsibility, even in cases where the consequences are severe and human lives are at stake. These committees are formed to deflect accountability, leaving us buried in tedious research rather than taking decisive action. However, not every instance of omission warrants the establishment of a commission of inquiry. It is not always necessary to comb through endless evidence in order to assign blame and hold individuals accountable. The obsession with assigning blame and untangling complex details often leads to failure and neglect of the larger issue at hand. It is time to reconsider the use of investigative committees and instead focus on taking proactive measures to prevent these situations from occurring in the first place. Let us shift our mindset from assigning blame to finding solutions and moving forward as a society. In the governing of a nation, we establish a system of government that delegates specific areas of authority to elected officials. We entrust them with the responsibility of safeguarding the best interests of the country, given their power and influence. Commissions of inquiry are supposed to provide answers and insights into serious national disasters. However, in the case of Israel, they often have the opposite effect. The truth is, there is no need for these investigations when it comes to Israel, as responsibility and accountability are already clear and evident. The prevalence of public responsibility and the existence of basic principles of personal liability negate the need for the elaborate and time-consuming work of such commissions. Yet, in spite of this, we continue to set up these committees as if we lack the simple mechanisms to determine who should be held accountable for the failures. A prime example of this misguided approach is the tragic Meron disaster of April 30, 2021. The loss of 45 lives and the injury of 150 individuals made it a very high-profile case. However, there was no need to establish a commission of inquiry. In fact, within a mere two weeks, it was clear who was responsible for the devastating outcome: those who failed to exercise prudence and restraint in managing the large number of participants. The truth is, the answers were right in front of us, yet we chose to ignore them and wasted valuable time and resources on unnecessary investigations. The individuals responsible for ensuring the safety of the celebrants at Mount Meron failed in their duty by neglecting to take necessary precautions to limit the number of participants. The tragic disaster that claimed the lives of 45 people was a direct result of overcrowding, and nothing else. Yet, those who are directly accountable for this catastrophe remain in their positions, seemingly unfazed by the gravity of their negligence. The only exception was Shimon Lavi, police chief in the northern district, who resigned from his post. It is unacceptable that those in positions of authority, who are entrusted with the well-being of the public, are able to avoid consequences for their actions while innocent lives are lost. This must not be tolerated, and those responsible must be held accountable for their failures. The families of the victims deserve justice, and it is the responsibility of the government to ensure that similar tragedies are prevented in the future. It is imperative to acknowledge the personal responsibility bestowed upon those entrusted with safeguarding the citizens of the Gaza Strip from the ruthless onslaught of Hamas. In the unfortunate event of any such omission, there should be no deliberation over a fact-finding committee, no shirking of individual accountability, and no ambiguity surrounding the circumstances that led to the error. The culprits are unequivocally identifiable: Some currently at the helm of the war, shouldering the burden of guilt and sacrificing their own personal well-being. Of course, a differentiation must be made between the military command hierarchy and the political echelon. While I concur that it may be premature to delve into personal responsibility at this juncture, any untimely exploration of the same may prove detrimental to the ongoing military operations in Gaza and the integrity of the political hierarchy, which bears ministerial responsibility. However, once a semblance of normalcy is restored, it will be incumbent upon us to examine and hold accountable both the military command and the political leaders for their actions. It is imperative that we refrain from establishing a state commission of inquiry, which could potentially serve as a thinly veiled mechanism, aimed at manipulating public opinion and providing legal loopholes for those responsible for any negligence. —Uriel Levin (translated by Asaf Zilberfarb)