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Israeli judicial adviser calls for state investigation to avoid international legal risks

Gali Beharev Meara, the government’s legal adviser, called for the establishment of an independent government commission of inquiry to thoroughly investigate the events of the recent war.

Beharev Meara’s call came amid reports that Prime Minister Benjamin Netanyahu supported President Isaac Herzog’s appointment of the committee members and that the committee would not be chaired by a judge, according to a Haaretz report.

However, Beharev Meara stressed that the executive must remain strictly separate from the affairs of the committee, as any interference could endanger its integrity.

“The executive branch must not interfere in the affairs of the committee and must not change any instructions,” stressed Beharev Meara, arguing that a government investigative committee is the most appropriate mechanism to address the legal complexities and risks Israel faces on the international stage.

Shir Torem/Flash90
Attorney General Gali Baharav Miara speaks at a conference in Haifa on January 12, 2023Shir Torem/Flash90

Beharev Meara stressed the need for the committee’s independence, stating: “A government-led investigative committee is the best way to address the current risks at the international legal level.” She further stated that alternative mechanisms would not adequately address the unique challenges facing Israel.

The judicial adviser’s recommendation comes at a time when pressure is mounting to set up the committee, as internal investigations are already underway. Minister Benny Gantz has proposed setting up a government investigative committee, but the proposal has not yet been submitted. Surviving families have also expressed their intention to petition the Supreme Court if the committee is not set up.

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Netanyahu and his government remain reluctant to set up an official investigative committee.

Senior officials in the prime minister’s office described the request as “political” and expressed fears that it could threaten the stability of the government. Tzachi Hanegbi, head of the National Security Agency, warned against the establishment of the committee, claiming its real aim was to undermine the right-wing government.