Israeli attorney general deems Netanyahu’s appointment of new Shin Bet chief ‘invalid and unlawful’

JERUSALEM /ISTANBUL

Israeli Attorney General Gali Baharav-Miara ruled that the appointment of Maj. Gen. David Zini as the head of Israel’s Shin Bet internal security service is “invalid and unlawful,” The Times of Israel reported Monday.

Baharav-Miara emphasized that Prime Minister Benjamin Netanyahu, whom she described as being “in a conflict of interest,” cannot play any role in appointing a new Shin Bet chief.

Her legal opinion, published in a statement amid mounting controversy in Israel following Netanyahu’s announcement of Zini’s appointment, comes as critics accuse the prime minister of politically motivated decision-making.

In her statement addressed to Netanyahu, Baharav-Miara wrote that he is “deeply entangled in a serious conflict of interest regarding the appointment of the new Shin Bet chief” and that he “acted in violation of a Supreme Court decision, deliberately breaching binding legal directives.”

The conflict of interest stems from the fact that the Shin Bet is involved in ongoing investigations into two cases linked to Netanyahu’s associates.

The attorney general concluded that the decision to appoint Zini, made under such circumstances, is “invalid and unlawful.”

“In the future, the Prime Minister must refrain—directly or indirectly—from being involved in appointing the next Shin Bet chief or acting chief, at least until investigations into the relevant cases are concluded,” she added.

To ensure the continuity of the Shin Bet’s work and a proper appointment process, Baharav-Miara said the legal solution is to transfer the authority of appointment to another minister, who will present a candidate to the government, which is the authorized body for such decisions.

She also said that “due to the fundamental flaws in the dismissal and appointment procedures and concerns that the minister granted this authority might effectively serve as a tool for the Prime Minister, this situation carries serious legal consequences in two key areas.”

“First: The appointment process must be restarted from the beginning, following strict rules that prevent the inclusion of improper considerations. Second: There is serious doubt as to whether Major General Zini can be appointed to the post at all,” she added.

The attorney general’s statement drew angry reactions, with several ministers from the right-wing coalition launching fierce attacks against her.

Communications Minister Shlomo Karhi wrote on X that “trying to prevent a prime minister from appointing a Shin Bet head during wartime harms national security — she should be brought to justice immediately after she is ousted.”

Heritage Minister Amichai Eliyahu wrote on the platform that “it’s time for Baharav-Miara to hand over the keys. The era of bureaucratic rule under her leadership—repeatedly threatening Israel’s security and undermining public trust in state institutions—must end.”

Knesset Coalition Chairman Ofir Katz said “the political Attorney General is trying to block the appointment of a senior figure to a sensitive position in Israel, purely as part of her war against the government. The Prime Minister must proceed, Zini must be appointed, and Baharav-Miara must go home.”

Education Minister Yoav Kisch also accused the attorney general of “compromising national security,” calling her “a political player whose sole purpose is toppling the government,” and demanding that Zini’s appointment go ahead.

Netanyahu announced the appointment of Zini as Shin Bet chief last week, replacing the ousted Ronen Bar.

Israel’s Supreme Court ruled on May 21 that the government’s decision to remove Bar was unlawful.

Netanyahu—wanted by the International Criminal Court—justified Bar’s dismissal by citing “a lack of trust” following the fallout from the Oct. 7, 2023 attacks by the Palestinian group Hamas on Israel.

Bar hinted that the decision was politically motivated, saying it was because he refused to pledge “personal loyalty” to Netanyahu.

The Supreme Court ruled that Bar’s dismissal “was carried out improperly, illegally and amid a conflict of interest by the Prime Minister,” according to Israel’s Channel 13.

On March 20, the government decided to remove Bar, with the dismissal set to take effect on April 10.

However, the court issued a temporary injunction preventing his dismissal or the announcement of a replacement until it reviewed opposition petitions against the decision.

Nevertheless, on April 28, Bar announced that he would step down from his position on June 15.

The Israeli army, rejecting international calls for a ceasefire, has pursued a brutal offensive against Gaza since October 2023, killing nearly 54,000 Palestinians, most of them women and children.

Last November, the International Criminal Court issued arrest warrants for Netanyahu and his former Defense Minister Yoav Gallant for war crimes and crimes against humanity in Gaza.

Israel also faces a genocide case at the International Court of Justice for its war crimes against civilians in the enclave.

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