The government has formally argued that the High Court of Justice does not have the authority to compel it to establish a state commission of inquiry into the events of October 7, 2023. In a response to petitions demanding such an inquiry, the government cited the 1969 Law for Commissions of Inquiry, which it says reserves this power exclusively for the government. The government also referenced a previous High Court decision supporting its stance, emphasizing that only the government can decide to launch a state commission of inquiry.

The High Court had previously issued a conditional order asking the government to explain its refusal to establish an inquiry into the October 7 attacks. The government's response warned that forcing the issue would undermine the separation of powers and disrupt the balance set by the legislature. The debate centers on whether the judiciary can intervene in the government's decision-making regarding state-level investigations into national crises.