Smotrich Warned: Legal Directives Impede Elimination of Non-Affiliated Terrorists

By Yoni Weiss

Two months ago, Finance Minister Bezalel Smotrich reportedly alerted Cabinet members to significant changes in legal directives that hinder the elimination of terrorists involved in the Oct. 7 massacre but not affiliated with any terrorist organization.

In a letter addressed to ministers, Smotrich expressed concern over recent information suggesting a shift from previous practices that allowed the targeting of individuals merely involved in the massacre, without requiring proof of future terrorist intentions. He criticized the current legal reasoning, which emphasizes “incrimination and not punishment,” making it difficult for security forces to act based solely on intelligence overload.

Smotrich highlighted the closure of the Nili war room by the Shin Bet, originally established to handle Oct. 7 terrorists, labeling it both an operational and legal misstep. He argued that participants in the invasion, massacre, and subsequent kidnappings inherently pose a terrorism risk and should be actionable targets, maintaining that this was the rationale at the war’s outset and should continue.

Furthermore, Smotrich raised concerns about the selective incrimination of only Hamas and Palestinian Islamic Jihad (PIJ), allowing their operatives to be targeted, while operatives of 17 other Gaza-based terrorist organizations cannot be targeted without specific evidence of future criminal intent, regardless of their armed status.

Political commentator Amit Segal revealed the contents of Smotrich’s letter on Channel 12 News on Tuesday night, detailing how the military attorney’s office’s interpretation of international laws of war restricts targeted eliminations to combatants actively engaged in hostilities, not civilians not formally associated with a recognized fighting force.

He pointed out the discrepancy between government promises to address all involved in the massacre and the legal restrictions preventing the elimination of non-affiliated individuals implicated in crimes like murder, looting, or kidnapping Israelis. Despite intelligence indicating their locations, such individuals remain shielded from targeted actions under current legal interpretations.

While reports suggest instances where this legal stance has impacted operations on the ground, the IDF officially denies any deviations from legal directives in combat operations.