High Court Ruling Shifts Oversight of Military Prosecutor Probe, Limits Attorney General’s Role
Jerusalem – In a landmark decision with significant implications for Israeli legal authority, the High Court ruled today on the oversight of the examination into the military prosecutor’s conduct, effectively limiting the role of Attorney General Gali Baharav-Miara and bolstering the power of Justice Minister Yariv Levin. The ruling stemmed from a dispute over Levin’s attempt to appoint an external investigator due to a perceived conflict of interest involving the Attorney General.
The court blocked Levin’s initial nominee, Judge Hila Kula, citing disqualification under the ombudsman law, but crucially affirmed Levin’s authority to appoint an independent investigator outside the State Attorney’s office. This decision allows the probe into the military prosecutor to proceed under external oversight, a key demand of Levin who argued Baharav-Miara’s office was compromised.
“The court accepted most of the minister’s arguments and ruled that he acted within his legal authority by appointing an investigator outside the State Attorney’s Office,” stated Attorney Zion Amir, representing Levin. “The court also accepted that the attorney general is barred from managing the investigation, as is the rest of the legal establishment.”
The ruling is being widely interpreted as a check on the power of the Attorney General and a potential turning point for Israel’s legal system. Critics of Baharav-Miara, including Knesset Constitution Committee Chair MK Simcha Rothman, seized on the decision as validation of their concerns. “Who would’ve believed it? Another position by the so-called ‘official interpreter of the law’-who blocks the government daily from receiving authentic depiction-has been rejected by the court,” Rothman posted on X. He downplayed the rejection of Judge Kula, stating that Levin’s overall position was vindicated.
MK Moshe Saada, a former senior prosecutor, welcomed the decision as a restoration of power to elected officials. “The High Court’s recognition of the justice minister’s sole authority is an significant and correct ruling,” he said, adding that his opinion – asserting the justice minister’s exclusive authority and a conflict of interest within the Attorney general’s office – was ”fully accepted” by the court. Saada intends to propose additional candidates for the external investigator role, emphasizing a need for someone who will “seek the truth, not protect the system.”
Foreign Minister Gideon Sa’ar also praised the ruling as “dramatic and important,” stating it represented “a major victory for Levin’s fight” and a move towards “justice,as opposed to the distorted approach presented to the court by the attorney general’s office.”
while the court rejected Levin’s first choice for investigator, the ruling fundamentally shifts the landscape of oversight for the military prosecutor probe, granting the Justice Minister substantially more control over the process and curtailing the Attorney General’s direct involvement.
