Report: Public prosecutor calls for investigation against Ben Gvir for incitement against Gaza

By Yoni Weiss

Prosecutor Amit Aisman has reportedly asked Attorney General Gali Baharav-Miara to authorize a criminal investigation into National Security Minister Itamar Ben Gvir for allegedly inciting violence against Gaza residents, a move intended to show the International Court of Justice (ICJ) that Israel holds its officials accountable for such statements.

According to a report by Kan News on Tuesday, none of the officials involved believe that an investigation would lead to an indictment or conviction, especially given Ben Gvir’s parliamentary immunity. The main goal is to show the International Court of Justice, where South Africa accuses Israel of committing genocide against Palestinians in Gaza, that Israel is complying with international orders to investigate and punish those who violate the Genocide Convention’s clause prohibiting incitement to genocide.

Israel has incorporated the Genocide Convention into its legislation through the 1950 Law on the Prevention and Punishment of Genocide. Among other things, it contains a ban on incitement to genocide.

Ben Gvir has made several inflammatory statements about the people of Gaza since the October 7 Hamas terrorist attacks that sparked the war. In November, for example, he remarked: “When we say Hamas must be destroyed, that includes those who celebrate, those who support them, those who distribute sweets – they are all terrorists and they should be destroyed too.” This statement, along with others calling for a halt to humanitarian aid to Gaza, was cited by South Africa in its submissions to the International Court of Justice.

Kan reports that officials close to Aisman believe the investigation is unlikely to significantly affect the ICJ’s stance and could potentially damage Israel’s reputation.

The Attorney General’s Office and the Public Prosecutor’s Office issued a joint statement saying that no decision has yet been made on the investigation into Ben Gvir. They are currently reviewing all comments that may have violated Israeli criminal law.

Ben Gvir called the investigation a farce and accused the “deep state” of trying to undermine him. He also criticized the Shin Bet, saying: “Unbelievable! The prosecutor is trying to put an Israeli minister on trial for ‘incitement’ against citizens of an enemy state who danced on the blood of our soldiers in the streets of Gaza on October 7. Instead of the Shin Bet and the prosecutor committing murders in Gaza, they are trying to murder an Israeli minister. They will not succeed.”