No criminal probe into Israel’s ultra-right minister’s call for Gaza’s destruction

Setting aside international criticism of the calls for the annihilation of Gaza made by Finance Minister Bezalel Smotrich and Likud member Nissim Vaturi, Israel’s top legal authorities have declined to pursue a probe into the ministers’ controversial, divisive, and provocative remarks.

Attorney General Gali Baharav-Miara and State Prosecutor Amit Isman jointly ruled out a probe, stating that the comments either lacked sufficient clarity or did not meet the threshold for criminal offences. They also cited the need for caution in pursuing legal action against sitting members of the Knesset, invoking parliamentary immunity and the importance of protecting political speech.

Smotrich and Vaturi have repeatedly made controversial statements, including calls for the demolition of Palestinian cities and population displacement. Smotrich had previously suggested that Gaza’s population could be significantly reduced within two years following Israeli military action, while Vaturi has consistently argued that there are no innocent civilians in Gaza and has openly called for its destruction.

The complaint, filed by human rights lawyer Itay Mack, asserted that the remarks incited violence and hatred and should not be shielded by free speech protections. He criticised the authorities’ decision as evidence of a double standard in law enforcement, pointing out that similar statements by non-Jewish citizens have led to criminal investigations and arrests.

The refusal to prosecute comes just days before the International Criminal Court announced its intention to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant over alleged war crimes. Critics argue that the refusal to investigate high-level officials undermines accountability and emboldens incendiary discourse.

Haaretz reported that the attorney general and state prosecutor also declined to act against Rabbi Eliyahu Mali, who had described Palestinian children in dehumanising terms last year. Legal experts and rights advocates have expressed concern that such inaction normalises hate speech and contributes to the deepening polarisation in Israeli society.