Nova music festival attendees who survived the October 7 Hamas attack and massacre are suing Israel’s security forces for negligence, claiming the tragedy could have been avoided.
A total of 42 people filed a lawsuit in the Tel Aviv District Court against the Shin Bet security service, the IDF, the Israel Police and the Ministry of Defense, citing multiple examples of their failure to fulfill their duties. They are seeking $56 million in damages.
“A single phone call by an IDF official to the commander responsible for the party to end it immediately, given the anticipated danger, would have saved the lives and prevented the physical and psychological harm of hundreds of partygoers, including the plaintiffs,” the lawsuit states.
Loss of earnings, pain and suffering, loss of pleasures in life, loss of future earnings and medical expenses were among the claims included in the lawsuit, The Times of Israel reports.
The festival, near Kibbutz Reim, was among several locations where Hamas militants attacked and massacred on October 7.
Prosecutors alleged that violent crimes were committed against participants, some of whom were raped and killed and burned alive while survivors hid under corpses and bomb shelters, in the massacre, which began at 6:30 a.m. and lasted until about 12 p.m.
“Hamas killed 364 participants and abducted 40 in Gaza, some of whom were released and some are missing. Many were physically or mentally injured, including the plaintiffs,” the lawsuit states.
The lawsuit cites reports after the massacre that senior officers in the Gaza division expressed concern about the party and that the operation’s commander opposed its holding. It also stated that Shin Bet chief Ronen Bar held consultations the night before and even sent a special operations team to the border the night before the attack.
“On the night of October 6-7, at least two IDF assessments were conducted for unusual incidents at the border of the Gaza Strip, one near midnight and the other around 3:00 a.m., several hours before the Hamas attack,” the lawsuit states.
Prosecutors expressed disbelief that, despite security officials’ fears that hostilities could occur, including attempts to capture soldiers and civilians, an emergency order banning gatherings was not issued.
They said the IDF was unable to provide adequate security for the event because many soldiers were at home during the Simhat Torah holiday. Only 27 officers were stationed at the party, most of whom did not have long barrels, as required when near the border, the plaintiffs said.