Report: State Prosecutor Seeks Investigation of Ben Gvir for Anti-Gazan Incitement

By Yoni Weiss

State Prosecutor Amit Aisman has reportedly requested Attorney General Gali Baharav-Miara to authorize a criminal investigation into National Security Minister Itamar Ben Gvir for allegedly inciting violence against Gaza residents. This move aims to demonstrate to the International Court of Justice (ICJ) that Israel is holding its officials accountable for such remarks.

According to a report by Kan News on Tuesday, none of the officials involved believe that an investigation would result in an indictment or conviction, especially given Ben Gvir’s parliamentary immunity. The primary objective is to show the ICJ, where South Africa has accused Israel of committing genocide against Palestinians in Gaza, that Israel is complying with international orders to investigate and penalize those who violate the Genocide Convention’s clause prohibiting incitement to genocide.

Israel incorporated the Genocide Convention into its law through the 1950 Law for the Prevention and Punishment of Genocide, which includes a prohibition on incitement to genocide.

Ben Gvir has made several inflammatory statements about the Gazan population since the Hamas-led Oct. 7 terror attacks that initiated the war. Notably, in November, he remarked, “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, along with others demanding the cessation of humanitarian aid to Gaza, was cited by South Africa in its filings to the ICJ.

Officials close to Aisman, as reported by Kan, believe the investigation is unlikely to significantly impact the ICJ’s stance and could potentially harm Israel’s reputation.

The Attorney General’s Office and the State Attorney’s Office released a joint statement indicating that a decision has not yet been made regarding the investigation into Ben Gvir. They are currently examining all comments that may have violated Israeli criminal law.

In response, Ben Gvir called the probe a sham and accused the judicial “deep state” of attempting to undermine him. He also criticized the Shin Bet, stating, “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 Oct. 7. 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.”