Subscribe to Print Edition | Thu., October 12, 2006 Tishrei 20, 5767 | | Israel Time: 01:46 (EST+6)
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State tells High Court it should stay out of war-probe decision
By Yuval Yoaz

The state prosecution yesterday told the High Court of Justice that the government has given much thought to the question of whether to establish a state commission of inquiry to investigate the war in Lebanon, and believes that the High Court has limited input in this deliberation. Last week, the High Court ordered the government to explain why the government-appointed Winograd Commission should not be disbanded and a state commission of inquiry established in its place.

The state prosecution said yesterday in response that while, in theory, the High Court had the jurisdiction to order the government to establish a state commission of inquiry, "it is doubtful that we will ever get to such an extreme situation in which such an order would have to be given."

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"Criticism and supervision of the government on political matters such as these are mainly in the hands of the Knesset, and they are even subject to public law," the state argued.

The High Court had asked the state to focus its response on the problematic nature of a government appointing the committee charged with investigating its actions, as well as all echelons of the political and defense establishments involved in the war.

In its response, the state said, "The difference between the method of appointing members of an inquiry committee and the method in which a state commission of inquiry is appointed certainly does not justify High Court intervention."

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