Israeli AG says state commission of inquiry on Gaza War necessary to stave off ICC arrest warrants

Attorney General Baharav-Miara says only independent commission will prevent international interference

Read this article in:

After holding several discussions with Prime Minister Benjamin Netanyahu regarding potential arrest warrants from the International Criminal Court (ICC), Attorney General Gali Baharav-Miara sent him a letter advising that establishing a state commission of inquiry would be the most effective strategy to mitigate the risk of ICC warrants being issued.

Israeli news site N12 first reported on the letter but did not disclose how they obtained the official correspondence.

In the letter, which constitutes a legal position regarding the investigation into the events of Oct. 7 and Operation Iron Swords, the attorney general clarified that a state commission of inquiry is the best tool to prevent the issuance of international arrest warrants against senior Israeli officials.

According to the Israeli system, the attorney general is responsible for providing legal counsel to the government, as well as investigating the government in matters of public interest. In most Western democracies, those roles are divided between two separate government offices

In what N12 called a “harsh warning,” Baharav-Miara told the government officials that “even from the perspective of the international legal campaign, the matter must be examined by establishing a state commission of inquiry.”

She also warned that with the ICC prosecutor pushing for a decision from the court soon, “The international window of inquiry is closing, a state commission of inquiry must be established immediately.”

Last month, Baharav-Miara met with political leaders, including Netanyahu, declaring her opinion that a state commission of inquiry is the best method for staving off ICC interference, as a state inquiry would be considered independent and demonstrate that Israel has a robust and independent legal system capable of investigating the government.

The coalition prefers to appoint a government commission of inquiry into the issue of humanitarian aid in Gaza only. This commission would be under the political control of the coalition ministers. Baharav-Miara argues that such a commission is not independent, and would not prevent ICC interference in the form of arrest warrants against Netanyahu and Defense Minister Yoav Gallant.

“The complete separation from the political echelon and the independence of the investigation committee is of crucial importance,” she wrote.

Netanyahu and Gallant are currently facing potential arrest warrants from the ICC on charges of war crimes against Palestinians in Gaza.

Baharav-Miara also argued that the government has a responsibility to the Israeli public to investigate matters related to the war.

“The issue has not yet been discussed by the government, and if it is decided not to establish a state commission of inquiry, this decision fundamentally contradicts the government's obligations to the public, and will constitute an extreme case that justifies [foreign] judicial intervention.”

Several senior political figures responded to the attorney general's letter in statements to Israeli media, where they called the move “political.”

“The attorney general's position on the establishment of an investigative committee is taking a very clear political side. In her letter that was leaked to the media, Baharav-Miara buried with her own hands the possibility of establishing some kind of committee to investigate the humanitarian situation in Gaza and refute the allegations against the alleged starvation by Israel,” according to the statement.