Netanyahu’s government enabled terrorism
Note: My thanks to Lina who is a Palestinian and mother who lives in Gaza and helped me ask the right questions
Rights
Families of victims of October 7 have rights under Israeli law to hold the government accountable for negligence. The State does not have immunity.
Prime Minister Benjamin Netanyahu, in taking actions to avoid a two-state solution, Israel and Palestine, has committed illegal acts under the laws of Israel. These acts include funding Hamas against their rival the Palestinian Authority, and enabling the terrorist attack on October 7, 2023. The effects of government, military and intelligence negligence resulted in the deaths of over 1,100 people.
The Issue
On October 7, 2023, under Prime Minister Netanyahu’s watch, Hamas operatives walked, ran and paraglided into Israel to kill individuals attending the Nova music festival and living in a nearby Kibbutz. An estimated 1,194 people were killed: 736 Israeli citizens, 79 foreign nationals, and 379 members of security forces; 251 were taken captive.
There was little or no resistance to the attack. The military was thoroughly unprepared as were Israelis living in the area. Hamas’s killing of individuals was easy and straight forward. All they had to do was point their guns, shoot, and go on to the next victim. Selected individuals were taken hostage as bargaining chips for subsequent negotiations with Israel.
Israel has never experienced a security breach of this magnitude. Mr. Netanyahu declared that it was the biggest act of terrorism against Jews since the Holocaust. He often, through ignorance or hyperbole, conflates Israelis, who are citizens of Israel, with Jews who are citizens of other countries or non-Jews at the festival. Nonetheless, the world community was aghast.
The fact that security was non-existent led me to ask questions: why would a country known for top notch security fail so miserably to protect its citizens and tourists on October 7? And why has the international community and press failed to seek answers and hold the Israeli government accountable?
The press and governments to date seem satisfied with Mr. Netanyahu’s answers to question of responsibility: “there will be plenty of time to determine reasons for failure after we win the war”. The government, in other words, will avoid answering questions in any substantive way because the war with Hamas may never be officially won.
Is it possible, I asked myself, that the government of Israel knowingly enabled Hamas’s attack on October 7 in order to justify an all-out war against Palestinians with public support? If the answer is yes, under what laws could the families of victims—and perhaps others– hold the government accountable?
Israel’s Guilt
Israel, according to evidence, is guilty of negligence for October 7. I have divided the evidence into three categories:
Intelligence. Israeli intelligence had obtained a 40-page document that detailed Hamas’s plan to invade Israel one year before it happened. It was code named ‘Jericho Wall’. The plan contained exact notes of the assault: what Hamas planned to do, and where the attack would take place. It also indicated the exact locations of military and communication installations in the region. The plan was dismissed by government and military as being ‘aspirational’. No precautions or duty of care were taken to protect soldiers or people living in the area (New York Times, December 2, 2023).
Military. Female military, who were part of a surveillance unit located at the border in Gaza where the assault took place, repeatedly reported to superiors that Hamas was rehearsing terrorist activities including tank attacks, swarming behavior, and use of military drones for observations. They reported that Hamas fighters were dressed in battle fatigues and armed. They also reported a sign that read “We are coming to you soon”. All of these reports, right up until the day of the attack, were ignored and dismissed. The surveillance officers were among the first persons killed.
Government funding for Hamas. Mr. Netanyahu’s government was sending $30 million monthly to Hamas through Qatar at time of the attack. This was intended to create differences with the Palestinian Authority. This money was sent in suitcases, and distributed unofficially. An estimated $1 billion dollars was sent to Hamas since 2016. Mr. Netanyahu repeatedly ignored the advice of military and security advisors that Hamas would use the money to buy arms and build tunnels, which they did.
It appears from the evidence that Israel enabled Hamas to attack Israeli citizens and tourists on October 7. It failed, in all aspects of security, to protect its citizens and others. This failure may have been planned. Israel’s—and Mr. Netanyahu’s– behavior have demonstrated negligence which is actionable under Israeli law. Intent is not the issue and need not be proved.
Negligence
The former Chief Justice of the Israeli Supreme Court once declared “The finest hour of Israeli law was when the special immunity of the State was abolished.” Israeli law has evolved over the years from total dependence on English common law, based on a king, to more democratic laws based on rights. This evolution is covered under the Civil Wrongs Ordinance which has been expanded from its English common law roots.
Given the current law and evidence, it’s safe to say that the government of Israel and Mr. Netanyahu should be tried in court and held accountable for liabilities related to negligence on October 7. In the U.S. context, this complaint would read ‘negligent homicide’ death caused by negligence.
Negligence liability in Israel is based on three elements:
- Conduct that falls below a reasonable standard
- A duty of care
- A factual and legal causal connection between the negligent act and the loss
Israel failed, under its law, to protect its citizens. This is especially true under point number two, duty of care. The Israeli government failed on this point alone. It was instrumental in ensuring Qatar paid Hamas an estimated $1 billion since 2016; intelligence failed to act on a captured report spelling out the attack; and military failed to exercise care after months of being informed by their own officers that a terrorist attack was imminent. Their negligence resulted in the deaths of soldiers and civilians.
What To Do Next
Families of victims and neighboring countries who could be a party to actions, should pursue claims against the Israeli government to discover the truth about the governments’ role in causing terrorism by Hamas and war; and to seek financial restitution. International bodies like the UN should file legal briefs and compel discovery of what really transpired. Israel’s negligence has impacted everyone in the region.
This war may have been manufactured to eliminate Palestinians and capture additional territory. There is little doubt from the evidence that Israel enabled terrorism and failed to protect its citizens, whatever the reasons. Discovering the truth about what happened is worth the effort for all the lives lost and destruction. Victims families need to be compensated for their loss (s), even if their loss (s) can never be fully recovered.
*Liability of The State and Public Authorities in Israel and South Africa , Loyola Law Review, (August 2012)
Israel is WRONG, WRONG, WRONG in its bombardment of the Gaza civilians. I am an anti-violence guy. At synagogue, the (Israeli) rabbi keeps mixing in the civilian hostages and the 10s of thousands of Gazan civilians killed. It is terribly disproportionate. The rabbi has had us sing “Hatikvah” at the end of services. I will not participate if he does it again.
I feel that your belief that the Hamas massacre was a “set up” is a conspiracy theory. I just don’t go to such “theories.” Am I naive or prescient?
I wouldn’t say that you are naive, just ill informed on the evidence. After one year of careful research, I am convinced that it was a set up.
If only from conscious negligence.
Craig