Amid the Sde Teiman riots, we must balance justice and emotion in times of turmoil - comment

To make sense of the Sde Teiman/Beit Lid riots and military probes of reservists suspected of abusing a Hamas terrorist in custody, it is important to keep some axioms in mind.

First, the torture of terrorist prisoners who no longer pose a threat or have information that is critical to preventing an act of terror is bad. Just because they committed evil acts does not mean that any individual acting on his own can do something evil to them. It is up to the state and its institutions – military and judicial – to bring to trial and punish the terrorists.

As Prime Minister Benjamin Netanyahu said last week to Congress, the struggle against “Iran’s axis of terror” is not “a clash of civilizations, it’s a clash between barbarism and civilization.”

It is barbaric to torture somebody for the sake of vengeance, even if that primal emotion is fully understandable. Clearly, many people would have liked to have tortured Adolf Eichmann, but to have done so would have undermined Israel’s commitment to the rule of law and diminished Israel’s moral high ground when prosecuting a figure for heinous crimes.

Second, while IDF soldiers are fighting a heroic battle, not every individual soldier is acting heroically. To say every soldier is heroic, even those who behave contrary to the standard of conduct set by the IDF is to diminish the heroism of those who truly deserve that label – and there are many.

Those reservists who leave their wives, children, businesses, and lives for months on end to defend this country deserve this country’s enduring gratitude and appreciation. But if they committed crimes during this period, they are not heroes solely because they have left family, friends, and hearth and gone out to protect the country.

Thirdly, the soldiers are acting in extremely stressful and complicated situations. This in no way justifies bad behavior; rather, it may shed light on how otherwise normative individuals may, in extreme situations, come to act in a non-normative manner. Yet, in considering these extenuating circumstances, it is important to note that society’s expectation is that – even then – individuals exhibit self-control. And when they don’t, there is a price to pay.

Israel is not the first country in the world where soldiers stand accused of abusing their power over prisoners. Often, courts around the world consider these extenuating circumstances when meting out punishment.

Fourth, and this point has to do with the riots at the army bases during and after the arrest of the suspects, anarchy is anarchy is anarchy, regardless of the cause. Israel is a country of rules and law, and it will only survive if people follow those rules and obey that law. Violent protests are wrong and corrosive to society if they come from the Right, from the Left, or from the haredim (ultra-Orthodox).

Anarchy is anarchy is anarchy

Anarchy is anarchy is anarchy whether it is seen on Kaplan Street in Tel Aviv, Shabbat Square in Mea Shearim, or at the Bet Lid army base near Netanya, and whether it is in the name of protecting democracy, Shabbat, or reservists.

One cannot condone setting bonfires in the middle of the Ayalon highway when it is in the service of a cause one believes in on one hand – which is what happened repeatedly during the anti-judicial reform protests last year – yet condemn it when a variation of the same tool is used by those in the service of a cause one finds repugnant. It is problematic in both cases because society will find it difficult to function with constant violent disruptions.

Whatever the cause, people cannot be allowed to violate the law when it suits them. If there are no rules to the game, the game will ultimately unravel.

There was, therefore, something jarring in hearing Democrats chairman Yair Golan saying that “Kahanists” in the government “chose to rebel against the army.” This is the same man who in May said in a closed meeting that wider uses of civil disobedience should be used against Netanyahu and his government, and – when asked for an example – suggested: “Until this government is replaced, we don’t do reserve duty.” Is that not a rebellion against the army?

Since the Netanyahu government was sworn into office in December 2022, Golan has been among those strident voices urging public action to bring down the government. Therefore, it should come as no surprise that others will also take to the streets to protest – and cross the line as to what is acceptable protest – on behalf of causes dear to their hearts.

This brings up one of Israel’s fundamental problems going forward: accepting the rules of the game. Anti-Netanyahu protesters – many of whom have been out in the streets for years to get rid of the prime minister – are calling for new elections.

But what will happen if new elections are called, and – even if Netanyahu is replaced – the Right returns to power? Will they accept the results? Or will the protests – and the divisiveness they engender – continue into eternity?

Accepting the rules means accepting them even when your side loses.

The last axiom is that leaders need to lead. With angry protesters and MKs breaking into army bases at Sde Teiman and then at Bet Lid, all the country heard from Netanyahu was a 19-word Hebrew statement issued by his office saying he called for immediate calm and strongly condemned breaking into an army base.

That was not enough. He is the country’s leader and needs to set the tone. A 19-word call for calm does not do the trick. What happened Monday was serious business: the arrest of nine reservists on suspicion of abusing a terrorist prisoner; protesters – including lawmakers from the coalition – breaking into army bases; and calling into question the integrity of the military advocate general.

The country needed some guidance on how to process and absorb these significant developments, yet none came from the top. And that was unfortunate.