Before the Nova festival was approved, senior officers in the IDF’s Gaza division voiced concerns over its location, the claim states. The festival took place near Kibbutz Re’im, close to the border with Gaza. The claim also states that the IDF was warned that it would be difficult to secure the festival, since so many soldiers would be on leave for Simchat Torah.
The event went ahead despite warnings from the Gaza division, and Southern command. The survivors argue that they were not made aware of the security concerns.
The lawsuit also claims that no order was given to disperse the festival, even after it became clear that a security risk was emerging. “One telephone call stood between the lives and bodily and psychological integrity of the plaintiffs – and the destruction of those lives," the claim states.
The claim continues: "All that the defendants had to do was to call the organizers responsible [for the party] to disperse the festival in light of the warnings that were received… It is incomprehensible that the defendants did not order the immediate dispersal of the festival."
The counsel representing the survivors – Anat Ginzburg and Gilad Ginzburg – stated: “"The disaster could have been prevented at so many points in time. We ask the court to step in and compensate the plaintiffs who have been most severely harmed”.
The lawsuit is the largest clam ever filed in Israel against a state body for negligence. According to the claim, this will not be “instead of the state commission of inquiry that will be established”.