Submarine Commission to Summon Netanyahu and Other Senior Officials for Closed-Door Testimony

The state commission of inquiry into the submarine affair announced Wednesday that it will summon Prime Minister Benjamin Netanyahu, Chief of Staff Eyal Zamir, and Navy Commander Eyal Harel to testify behind closed doors. Several other former senior officials will also be summoned, including former President Reuven Rivlin, former Mossad chief Yossi Cohen, Maj. Gen. (Res.) Yaakov Amidror, and former Defense Minister Moshe Ya'alon.

According to the commission's announcement, the next phase of its work, headed by retired Chief Justice of the Supreme Court Ashal Grunis, will begin on November 1. During this stage, Netanyahu and the four other individuals who received warning letters are expected to appear, present their witnesses, and defend themselves against allegations in an attempt to persuade the commission members to alter their conclusions and avoid personal recommendations.

However, it remains unclear how Netanyahu intends to conduct his defense, as his representatives have not yet reviewed the investigation materials or submitted a witness list. Reports from September indicated that Netanyahu had not provided his witness list to the commission by the deadline set for the five warned individuals. The commission's warning letter to Netanyahu stated that his actions potentially harmed national security and foreign relations.

While Netanyahu's lawyer has not reviewed the investigation materials, the other four warned individuals have submitted their witness lists. Former Defense Minister Ya'alon submitted a list of nine witnesses and requested to testify himself. However, not all requested witnesses have been summoned; for example, Yossi Cohen's requests to summon former Attorney General Avichai Mandelblit and MK Avigdor Lieberman were not included in the commission's published list.

Netanyahu's lawyer, Amit Haddad, has not reviewed the commission's materials, nor has he submitted a witness list. This conduct, along with the failure to submit a witness list, could delay the commission's proceedings. The materials, which formed the basis for the warning letters, were made available in February. Due to the classified nature of some information, lawyers were required to undergo security clearance and review documents at a secure facility. While the lawyers for the other warned individuals have frequented this facility, Haddad has not visited it at all.

The commission previously admonished Haddad in April for requesting extensions, citing a heavy workload due to the "Trial of the Ages." The commission rejected his claims, noting that Netanyahu was not required to provide daily testimony in his criminal proceedings and that his representatives could have reviewed the materials 15 months prior. The commission also pointed out that despite Netanyahu's petition to the High Court claiming he needed more than two lawyers, his representatives only completed security clearance for Haddad, even though he was authorized to have two lawyers.

In June 2024, the commission sent warning letters to Netanyahu, Cohen, Ya'alon, former Navy Commander Ram Rotberg, and former National Insurance Institute employee Avner Shimhoni. The letter to Netanyahu indicated that he could be implicated if it is determined that he made significant decisions regarding national security and the IDF's force buildup between 2009 and 2016. The commission emphasized that his conduct "led to deep and systematic disruption in work processes and force buildup, and to damage to decision-making mechanisms on a series of sensitive issues," thereby "endangering the state's security and harming foreign relations and the economic interests of the State of Israel."