Accusations of Incitement against Minister Ben-Gvir and Controversial Arrests Against Israeli Hero Stir Public Outrage Against Abuse of Prosecutorial Power and Aiding the Enemy in Wartime

The State Attorney’s Office faced fierce backlash after the rare clarification of an investigation into the killing of a Gaza terrorist captured alive during the October 7 Hamas invasion. On Sunday, authorities stated that video evidence shows two suspects, Sahar Ofir and Yisrael Biton, allegedly committing acts of violence against a terrorist outside of combat, leading to charges of murder, since retracted.

Sahar Ofir, a recently released combat soldier, and Yisrael Biton, a volunteer in United Hatzalah rescue service, have been accused of murdering a terrorist after the latter participated in the Hamas massacre, which saw 3,000 terrorists from Gaza killing approximately 1,200 Israelis and taking 251 hostages. Despite maintaining their innocence, both men have been subjected to intense scrutiny and public condemnation.

“I feel betrayed by the state in every sense,” Ofir told Channel 12, describing how he joined the fighting voluntarily and claimed to have only used weapons from deceased terrorists to defend civilians. “There was no situation in which I killed a terrorist who had surrendered,” he asserted.

Biton echoed similar sentiments, explaining in his Channel 12 interview that although he restrained a terrorist, he did not kill him. “If I thought of killing him, I had a gun, I had a bullet loaded,” Biton said, stressing he handed the terrorist over to security forces.

Political Responses

The controversial investigation has provoked strong reactions from Israeli politicians. National Security Minister Itamar Ben Gvir condemned the State Prosecutor Amit Aisman, accusing him of acting against Israeli interests. “The state attorney who started working to investigate me on suspicion of ‘incitement’ against the residents of Gaza, is also the one who ordered the crazy investigation against three heroic fighters,” Ben Gvir declared, challenging Aisman’s decision to pursue these charges. “Remember that he is the attorney of the State of Israel, and not of its enemies.”

Former Defense Minister Benny Gantz also voiced support for those who fought on October 7, stating that “every Gazan who crossed the border has a death sentence. All of them are in clear and immediate danger.” While acknowledging the need for lawful conduct, Gantz insisted that “authorities must give broad backing and full support to those who fought – soldiers, policemen and civilians alike.”

Legal Proceedings and Incitement Accusations

The State Attorney’s Office justified the arrests by citing video evidence and written confessions. They alleged that Biton beat a Palestinian man in his vehicle, leading to the man’s death. Furthermore, Ofir was implicated through written statements claiming he had killed several terrorists outside of combat.

Minister Ben Gvir has been particularly vocal, also facing allegations of incitement against Gaza residents. Last Wednesday, State Prosecutor Aisman sought Attorney General Gali Baharav-Miara’s permission to investigate Ben Gvir for inciting violence, aiming to demonstrate Israel’s accountability to the International Court of Justice.

Ben Gvir responded forcefully, stating, “I will continue to fight for the security of Israel and against the terrorist entities. I am not afraid of investigations and will not be silenced by threats.”

Public Support for Suspects

Public support for the jailed suspects has been robust, with protesters commending their actions during the Hamas invasion and saying they should get medals for heroism not trumped-up charges. This widespread backing reflects a national sentiment of anger and frustration over perceived injustices against those who defended Israeli lives during the brutal attacks.

In this highly charged atmosphere, the case continues to unfold, highlighting the intense and complex dynamics of Israeli law, security, and public opinion.