On June 30, 2026, State Attorney Amit Aisman decided to reject an appeal that we filed on behalf of the "Tag Meir Forum," demanding that a criminal investigation be opened against Rabbi Eliyahu Mali, who was filmed at a conference stating that, according to Halakhic principles, all residents of Gaza should be killed.

Mali, who serves as a rabbi at the "Shirat Moshe" Hesder Yeshiva in Jaffa, made these comments during a lecture at a Torah yeshiva conference on March 7, 2024, on the subject of "Attitude toward the civilian population during wartime."

According to Rabbi Mali, all women and children in the Strip should be killed: "The fundamental law regarding a “milchemet mitzvah” [obligatory war], in this case in Gaza, is: 'You shall not let any soul live.' If you do not kill them, they will kill you. Today's terrorists are the children from the previous operation whom you left alive. The women are actually the ones who produce the terrorists...."

"'You shall not let any soul live' is based on the principle ‘If someone comes to kill you, rise early to kill him.' This applies not only to the 14- or 16-year-old youth or the 20- or 30-year-old man who raises a weapon against you, but also to the future generation. And to those who produce that future generation. Because in reality, there is no difference."

The rabbi from the Hesder Yeshiva added that all the babies in the Gaza Strip should also be killed: "It’s the same thing. You can’t outsmart the Torah. Today he is a baby; tomorrow he is a fighter. There are no questions here. Today’s terrorists were eight-year-old children during the previous operation."

It’s not only babies who can be fighters; the elderly are also condemned to death, according to Rabbi Mali: "How can this be? Today, this is a plausible perspective, and there is no other argument. I was referring specifically to the war in Gaza. There is a difference between civilian populations elsewhere and the civilian population in Gaza. In Gaza, according to estimates, 95 to 98 percent want our extermination."

In the complaint and the appeal we filed, we argued that this was not just an issue of academic-Halakhic musings, which in the past the Israeli Supreme Court granted immunity to under specific circumstances, but rather the classification of all Gaza Strip residents—the elderly, men, women, children, and infants—as enemies and terrorists who pose an immediate and tangible threat to all Jews and must therefore be destroyed.

Therefore, we demanded the opening of an investigation into the suspected crimes of incitement to genocide, incitement to violence, and incitement to terrorism, as defined in Israeli Penal Law.

Rabbi Mali began his remarks at the conference by saying, "Since this is a sensitive topic, and I was told it is being posted online, I want to preface my comments by saying that the bottom line is that one must do exactly what is stated in IDF orders." He later reiterated this point and also referenced international conventions.

In his decision to reject the appeal we filed, State Attorney Aisman wrote that he had watched the video of the lecture and that Rabbi Mali’s clarifications throughout the talk, that the laws of the State of Israel, IDF orders, and the rules of international law must be obeyed, negated any suspicion of a criminal offense.

On the other hand, in our complaint and appeal, we argued that far-right activists interpret these statements as a signal of legitimacy from a senior rabbi to kill Palestinian civilians, and that Rabbi Mali is not the only public figure in Israel to use this kind of "wink." Other extremist politicians and rabbis also call for atrocities to be committed against the Palestinian population, while adding the caveat that it is preferable for these to be carried out by state authorities or in accordance with the law.

The claim that Rabbi Mali is entitled to immunity from criminal investigation because it appeared he genuinely meant that all residents of Gaza should be killed strictly in accordance with the law is absurd, given that neither international law nor Israeli law authorizes the extermination of an entire civilian population, including women, children, infants, and the elderly—a legal reality that presumably even Rabbi Mali is aware of.

We warned that in light of Rabbi Mali’s status, as well as the widespread public and political legitimacy in Israel for exacting revenge on the entire civilian population of the Gaza Strip for Hamas’ crimes during the October 7 massacre, there was a tangible  possibility that acts of violence would be committed in the wake of Rabbi Mali’s comments.

On January 26, 2024, the International Court of Justice (ICJ) issued a provisional order saying that "The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip." Even retired Israeli Supreme Court President Aharon Barak, who sat on the Court as an ad hoc judge, supported this order.

Attorney Aisman’s decision to reject the appeal regarding Rabbi Mali is not an anomaly but is rather policy-driven. Aisman and the Attorney General, Gali Baharav-Miara, have spearheaded a wartime policy of absolute immunity for Jews, especially for elected officials, public figures, rabbis, and political activists from the right and the far-right who have called for the killing, burning, and expulsion of all Palestinian citizens.

Consequently, among other things, all the complaints we filed on behalf the "Tag Meir Forum" against dozens of Israelis suspected of incitement were closed, most without opening a criminal investigation. This while the State Attorney's Office acted forcefully and decisively against any expression by Arab citizens of Israel that bore even a hint of incitement.

It would be worthwhile for State Attorney Aisman and Attorney General Baharav-Miara, who handle complaints of incitement by Jews, to consult with State Attorney Aisman and Attorney General Baharav-Miara, who handle complaints of incitement by Arabs. Maybe such a conversation would open up new perspectives for them on calls for genocide, even if they’re "strictly in accordance with the law."

This article was published in Hebrew on July 21, 2026
Translation: Harriet Brown