Israeli Supreme Court Allows State Attorney to Lead Military Advocate Investigation

The Israeli Supreme Court rejected petitions from right-wing groups challenging the handling of the Military Advocate General (MAG) investigation, ruling that State Attorney Amit Aisman is not disqualified from overseeing the case. The court also denied requests to intervene in police decisions or expand the investigation to include allegations involving the Government Legal Adviser. This ruling clears the way for the prosecution to advance the case without legal disputes over who is authorized to manage it.

The petitions were filed by the NGO "We Chose Life!, Bereaved Families and Victims of Hostilities," along with individuals Hertzel Hajaj and Boaz Kokia. They sought court intervention regarding the investigation into leaked materials related to the Shde Teiman affair, focusing on who should supervise the probe after the Government Legal Adviser was barred from involvement. Initially, both the Government Legal Adviser and the State Attorney were considered conflicted, partly due to potential testimony requirements. However, after police concluded their investigation on February 3, 2026, finding no evidence implicating individuals outside the Military Prosecution, the question of conflicts was revisited.

A recent legal opinion confirmed the Government Legal Adviser's disqualification but cleared the State Attorney, noting neither had participated in relevant investigative events or given police testimony. Consequently, the investigation materials were transferred to the State Attorney, who formed a team including deputies for criminal and economic enforcement to summarize the case, recommend next steps, and assess if further investigation is needed.

The petitioners had also requested the appointment of an external overseer and urged the police chief to conduct a comprehensive criminal investigation into all related suspicions, including alleged cover-ups and illegal acts. They criticized authorities for not seeking information they claimed to hold implicating senior Justice Ministry officials. The Supreme Court dismissed these demands, including calls to expand the probe to the Government Legal Adviser, emphasizing the investigation had progressed and the petitioners delayed raising these issues.

The court underscored that the State Attorney's prior disqualification was temporary and could be lifted based on new facts. It affirmed that when the Government Legal Adviser is barred, their powers generally transfer to the State Attorney, who is now the authorized official to handle the case. The ruling paves the way for potential indictments against former Military Advocate General Yifat Tomer-Yerushalmi and others involved in the affair.