The Military Advocate General has instructed that Gazan citizens who participated in the October 7 massacre should not be eliminated, according to a Channel 12 exclusive on Tuesday.
According to the report, the legal clause is that they are not considered Hamas terrorists.
The report stated that the military interpretation of laws of warfare asserts that only those who belong to a combat force can be purposefully eliminated during a war.
Kidnappers of Bibas family would not be eliminated, report claims
As such, Channel 12 affirmed that if Israel were to obtain intelligence information on Kataib Mujahadin, the terror group that kidnapped the Bibas family on October 7, the military would not be able to eliminate it since it is not regarded as a force at war with Israel.
Channel 12 claimed that more than five military sources have noted that such incidents have occurred in the past.
Responses to the new instruction
Channel 12 cited the IDF Spokesperson’s response to the report as stating, "The policy is to act against all participants in the massacre, regardless of their membership in a terrorist organization. To this end, an orderly operational process is carried out in accordance with international law. The IDF does not recognize an incident in which it was possible to attack a terrorist who participated and this was not done."
The "Gvora" (bravery in Hebrew) Forum responded to the Military Advocate General's instruction, stating, that they "are appalled by [Tuesday's] publication that a misinterpretation of international law creates a moral injustice whereby the blood of our loved ones has been disregarded. It is inconceivable that, under the guise of an unparalleled moral distortion, murderers, rapists, and kidnappers are provided a safety net that protects them from the long arm of the IDF."
The forum further asserted that their "loved ones did not sacrifice their lives to protect terrorists," and refused to value the lives of murderers over the Israeli fallen. Additionally, they emphasized their support for the IDF in its efforts to "restore security to Israel and to bring the hostages back home."
"It is unacceptable that while our soldiers are fighting, the Military Advocate General would prevent them from carrying out their duties. We demand an immediate change in this policy and actions solely focused on securing Israel's victory in the war," the Gvora Forum ended their press release.
National Security Minister Itamar Ben-Gvir responded on X, formerly Twitter, stating, "The insane immunity granted by the military prosecution to Gazan murderers from elimination is a severe moral confusion." He further stated that the new instruction was "distorted conduct of the State Prosecutor's Office, led by the Attorney General."
Ben-Gvir further suggested that the Military Advocate General be removed from her position, stating, "Those who ignore explicit calls for the assassination of the Prime Minister and calls for insubordination during wartime, while simultaneously providing protection to murderers, do not deserve to remain in office for another day!"החסינות המטורללת שמעניקה הפרקליטות הצבאית לרוצחים עזתיים מפני חיסול, היא בלבול מוסרי חמור. המשך ישיר להתנהלות המעוותת של פרקליטות המדינה ובראשה היועצת המשפטית לממשלה. מי שמתעלם מקריאות מפורשות לרצח ראש הממשלה, ומקריאות לסרבנות בשעת מלחמה, ובמקביל מעניק הגנה לרוצחים, לא ראוי…
— איתמר בן גביר (@itamarbengvir) June 25, 2024
"It is time to bring order to the adversarial Prosecutor's Office," Itamar Ben-Gvir concluded his post.