However, fake news nowadays is commonplace and, coupled with a vicious propaganda mechanism, spreads like a virus throughout the Web.
I served as a CID (Criminal Investigation Department) officer in the IDF. Our task was to investigate criminal offenses within the IDF, as well as specific military type crimes and offenses. Following the completion of my four-year conscription military service, I continued performing these duties annually as a CID officer in reserves, until final discharge several years ago. At some point, after a few years of serving in reserves in my original unit, I joined a different unit, made up of reserve officers only, mostly lawyers, which conducted investigations within the Military Police. All MP units were under our jurisdictions, which included the CID itself, military prisons, and detention centers, as well as the Military Police Corps. In both units in which I served over the years, all ranks and position holders were subjected to our jurisdiction, scrutiny, and criminal investigations. These investigations were conducted in sync with the Military Prosecution and under their supervision.
These investigations were thorough criminal investigations and completely independent of any other kind of military debriefing, scrutiny, or operational inquiry. The findings were submitted to the Military Prosecution, part of the Military Advocate General’s Unit, for their assessment and instructions as to the next steps, leading, in most cases, to the indictment of suspects, as the case may have been.
When it came to any interaction with Palestinian civilians, these were often high-profile cases, as human rights organizations were involved and would scrutinize every step – as would the local and international media. I personally conducted and oversaw investigations that involved the injury or death of Palestinian civilians, alleged abuse, or harm caused to civilians and their property.
Some indictments led to convictions, some acquittals, and some found soldiers or their commanding officers as being negligent in not taking whatever measures were deemed necessary and expected of them in order to minimize risks or having failed to take extra measures to safeguard civilians or to meet the prescribed duty of care. The standards required from the military were especially high, due to the circumstances. Never in the many years of my service did I experience any corruption, interference, or cover-ups. Our files were scrutinized internally by a senior officer before being submitted to yet another internal level of scrutiny and review and only then forwarded to the Military Prosecution, which would decide what steps were to be taken. In cases of indictments, the IDF would appoint defense lawyers for those indicted, and the case would be heard by military judges, made up of permanent force and reserve duty judges. Due process, which included the hearing of all witnesses, lawyers, and relevant professional experts, was adhered to in full. The rules of evidence, as legislated in our common law legal system, were applied to the highest standards!
Israel is a vibrant democracy, and our judiciary is independent. This is embedded in our DNA. The IDF is an army that is made up of a small permanent force and a much larger reserve duty contingent. The rule of law, due process, moral standards, and norms upheld in Israeli society extend to all components, very much including the IDF. ■
The writer, a British-educated lawyer, is a member of the Israel Bar Association, partner in the law firm of Stelios Americanos & Co. (Cyprus), and grandson of the late Sam Judes, who was a lawyer and member of the South African Bar Association.
