Prime Minister Benjamin Netanyahu is set to announce the establishment of a government commission of inquiry into the failings leading to the October 7 massacre, to avoid warrants for his arrest to be issued by the International Criminal Court in the Hague, (ICC,) Ynet has learned on Thursday.
The decision came after a tense meeting at the Prime Minister's Office (PMO) with legal advisors who urged him to panel an investigative committee immediately after the ICC chief prosecutor Karim Khan said he was seeking to issue warrants for the arrest of Netanyahu and Defense Minister Yoav Gallant over the IDF's actions in Gaza.
Khan said he was seeking warrants for Netanyahu and Gallant's arrest last May as well as for Hamas leader Yahya Sinwar and the head of the group's military wing Mohammed Deif who has since been killed in an Israeli strike.
In an official statement, Khan accused Netanyahu and Gallant of a flurry of charges, including "starvation of civilians as a method of warfare," "Wilfully causing great suffering, or serious injury to body or health... or cruel treatment," "Wilful killing... or Murder, "Intentionally directing attacks against a civilian population," "Extermination and/or murder... in the context of deaths caused by starvation," "Persecution" and "Other inhumane acts."
Netanyahu has thus far, rejected the establishment of a national commission of inquiry that would be headed by a Supreme Court Justice and would be free of any political intervention, despite public calls to do so. The commission would have the authority to question witnesses, demand documented evidence and recommend legal action against officials.
The meeting in the PMO was attended by Gallant, Foreign Minister Israel Katz, Justice Minister Yariv Levine, Strategic Affairs Minister Ron Dermer, National Security Advisor Tzachi Hanegby, Attorney General Gali Baharav-Miara and legal and political advisors.
Netanyahu was informed that the commission must be independent if it is to convince the ICC not to issue warrants for Netanyahu and Gallant's arrests.
"There is an urgent need for a commission to begin its work before the ICC judges begin their deliberations over the request for warrants," sources said. The court allowed 60 states and organizations to submit their reservations to the ICC and Khan is scheduled to respond to them on August 26.
Israeli officials said that although the warrants could be issued at any time, they believe it would take the court weeks to go over the many documents submitted in the reservations to the move and a decision would not be made before the middle of September. Israel must inform the court that a commission has begun its inquiry before then so that the judges would be convinced that a real probe was underway.
"Prime Minister Benjamin Netanyahu met with the relevant legal and political advisers to discuss the International Criminal Court," the PMO said in response. "The Attorney General repeated her position that a national commission of inquiry must be paneled to review the humanitarian situation in Gaza, but she could not be sure that it would ensure the court's rejection of a request for arrest warrants. Other options were discussed in the meeting."
According to the advice of judicial experts, a National Commission of Inquiry would be perceived as more reliable and less politically dependent on the government, but they also agreed that previous commissions paneled by governments were considered independent as well even if they were not paneled by the Supreme Court.
By law, the government can grant a commission it has paneled, more authority that would ensure its independence and grant it the same scope that a national commission would have.