The 'Sde Teiman' Affairs: The Rule of Law Must Always Be the Guiding Compass
Photo by Yossi Aloni/Flash90
The alleged abuse of a Palestinian detainee by IDF soldiers guarding them at the 'Sde Teiman' detention facility in mid-2024 has led to three different affairs that still occupy Israel's public and legal agenda:
- The alleged abuse incident itself. Indictments were filed against five of the soldiers allegedly involved, and the case is still pending before the military court.
- The break-in by a government minister, members of Knesset, and of Israeli civilians into IDF bases in protest against the investigation by military police of the soldiers suspected of abusing the detainee. These events are still under police investigation, with some of the elected officials claiming parliamentary immunity and refusing to appear for questions despite being summoned by the authorities.
- The leak of a video allegedly documenting the abuse to a TV news broadcast, and allegations of a subsequent cover-up and deception.
The criminal investigation currently underway that has led to the resignation of the Military Advocate General (MAG), concerns the third affair – the leaking of the video and claims of subsequent cover-up of the source of the leak and misleading the Supreme Court and other legal authorities regarding the matter. This development has shaken both the IDF and the Israeli justice system as a whole. It must be thoroughly investigated, since acts of concealment and obstruction are sometimes more serious than the original offense.
A clear and unwavering response is now required by the Minister of Defense, the Chief of Staff, and the Attorney General to restore stability to the military justice system and rebuild public trust. This should include the appointment of a new MAG as soon as possible through a proper and professional process, alongside efficient advancement of the investigation ordered by the Attorney General.
Regarding the appointment of a new MAG: according to the recommendations of the Ciechanover Commission, which were adopted by the Security Cabinet almost a decade ago, the MAG is to be appointed by the Minister of Defense on the recommendation of the Chief of Staff and with the consent of the Attorney General. This procedure is designed to ensure the MAG's professional integrity and independence. Although the Cabinet’s decision to amend the law accordingly has not yet been implemented, the Minister, Chief of Staff, and Attorney General should act in accordance with this procedure.
In all matters, the rule of law must remain the guiding principle in enforcing justice. The video leak and the allegations of cover-up and deception cannot serve as an excuse for failing to investigate or prosecute soldiers for violations of IDF orders and the law of armed conflict. Nor can they justify impunity for those responsible for the storming of IDF bases. Needless to say, parliamentary immunity was never intended to protect such acts.
The importance of upholding the rule of law and maintaining public trust in law-enforcement institutions is always paramount — and especially so in these times.
