An Israeli commission investigating suspected wrongdoing in government purchases of submarines and missile boats from Germany issued on Monday a warning to Prime Minister Benjamin Netanyahu, former Mossad head Yossi Cohen, former Defense Minister Moshe Ya'alon, and two others, indicating that they may be affected by the commission's final report.
The panel notified Netanyahu that, based on evidence gathered thus far, the report could ultimately determine that he had used his position as prime minister between 2009 and 2016 to greenlight the purchases without due process.
"By doing so, he (Netanyahu) endangered the security of the state and harmed the state of Israel's foreign relations and economic interests," said the commission in its written decision.
The commission, established under the previous government in 2022, said it will soon publish unclassified parts of the evidence collected during the probe into the deal, which was worth hundreds of millions of dollars.
The committee is examining the purchase of patrol boats, initially intended to protect gas rigs but later repurposed, as well as the promotion of submarines purchases that caused a financial loss to the State of Israel estimated in the millions of shekels.
Additionally, the committee is investigating an attempt by Netanyahu to promote, through the National Security Council, the purchase of anti-submarine ships, which was blocked by the IDF and the Defense Ministry. The investigation also includes an attempt to privatize the Navy's shipyards and an agreement to sell submarines to Egypt, which was handled in an "unorganized and disorderly manner."
The other two individuals who were warned were former Navy Commander Ram Rothenberg and former senior National Security Council official Avner Shimhoni.
Findings of the committee
The committee announced that it has found "a deep disruption in work processes and decision-making mechanisms in a range of sensitive issues, creating a risk to national security and harming Israel's foreign relations and economic interests."
Regarding Netanyahu, the commission said that he might face consequences if the committee concludes that he made critical decisions regarding national security and IDF force building without due process, endangering national security and harming foreign relations and economic interests.
According to the warning letters, the commission might also conclude that Netanyahu reached agreements with Germany on various political, security, and economic issues without documentation and by bypassing the most senior government officials.
Additionally, Netanyahu allegedly improperly turned the National Security Council (NSC) into an executive body of the prime minister, operating parallel and in contradiction to the Ministry of Defense in areas under the Ministry of Defense's responsibility and expertise.
Ya'alon was warned that the committee might conclude that he acted against government decisions regarding purchasing patrol boats. According to the commission, while Ya'alon argued before the High Court of Justice that holding a sixth submarine threatened national security and that the decision to purchase it was made without necessity, while in government Ya'alon supported that same submarine purchase.
Former Mossad Chief Yossi Cohen was warned that the committee might conclude that his conduct as head of the NSC during the submarine affair led to a deep disruption in work processes, and damaged decision-making mechanisms on sensitive issues. In the committee's view, Cohen endangered national security and harmed Israel's foreign relations and economic interests.
At this stage, the committee is moving towards formulating conclusions, but these are not yet the final results. The warned individuals must decide whether to appoint a lawyer and appear before the committee to defend themselves against its conclusions. They can present evidence in their favor to the committee, and have the right to access all the evidence the committee holds.
The committee is now awaiting the warned individuals' decisions. They will likely decide to try and defend themselves. After hearing their testimonies, the committee will proceed toward a final report presenting its final conclusions. It should be noted that the committee's conclusions published in the report mainly have public implications. There may be a criminal investigation if the report concludes that one of the warned individuals committed a criminal offense. Still, it is important to remember that the law explicitly states, "The report of an inquiry commission shall not serve as evidence in any legal proceeding," whether criminal or civil.
Netanyahu, in response, said on Monday that the submarines were central to Israel's security "in ensuring its existence against Iran, which is trying to destroy us."
"History will prove that Prime Minister Netanyahu was right on this issue as well and made the right decisions for the security of Israel," the statement from his office said.
Avraham Bloch and Maariv Online contributed to this report.