From the Liveblog of
Tuesday, July 2, 2024
State prosecutor seeking to probe Ben Gvir for anti-Gazan incitement, in bid to pacify Hague — report
The Kan public broadcaster reports that State Prosecutor Amit Aisman has asked Attorney General Gali Baharav-Miara for permission to open a criminal investigation into National Security Minister Itamar Ben Gvir for allegedly inciting violence against residents of Gaza.
According to the report, officials close to the State Attorney do not however believe the investigation will result in an indictment, to say nothing of a conviction, especially given Ben Gvir’s parliamentary immunity.
Rather the move is designed to show the International Court of Justice, where South Africa has alleged Israel is committing genocide against the Palestinians in Gaza, that Israel is complying with is orders to investigate and punish anyone who violates the clause of the Genocide Convention prohibiting incitement to genocide.
Israel adopted the Genocide Convention into law in its 1950 Law for the Prevention and Punishment of Genocide, which includes the prohibition on incitement to genocide.
Ben Gvir has made several inflammatory comments about the Gazan population since October 7, including a remark in November that “When we say that Hamas should be destroyed, it also means those who celebrate, those who support, and those who hand out candy — they’re all terrorists, and they should also be destroyed.”
This comment, as well as remarks by Ben Gvir demanding the cessation of humanitarian aid to Gaza, was cited by South Africa in their various filings to the ICJ.
The Attorney General’s Office and the State Attorney’s Office issued a joint statement in response to the Kan report saying that a decision has yet to be made as to whether to open an investigation into Ben Gvir, but that it is examining all comments which may have violated Israeli criminal law.
Responding to the report, Ben Gvir says in a statement that the probe is a sham, part of a judicial “deep state” attempting to undermine him, and takes a fresh shot at the Shin Bet as well.
“Unbelievable! The state prosecutor is trying to make an Israeli minister stand trial for ‘incitement’ against citizens of an enemy state that danced on the blood of our soldiers on the streets of Gaza on October 7,” the statement reads. “Instead of the Shin Bet and the state prosecutor carrying out assassinations in Gaza, they are trying to assassinate an Israeli minister. It won’t succeed.”
The ICJ has issued provisional orders against Israel regarding the provision of humanitarian aid to Gaza, the issue of incitement to genocide, and even regarding Israel’s operation in Rafah, on three occasions as a result of South Africa’s suit against Israel, which referenced numerous comments by senior Israeli officials which it said were genocidal in nature.
Israel has vociferously rejected the allegation and the premise of the case.
The Times of Israel Community.