Sde Teiman riots: Threatening the checks and balances key to our survival - comment

The panic surrounding Sde Teiman has brought forth a question that has once more divided Israeli society: Must we punish representatives of Israel’s defense systems who have committed crimes against security prisoners – in other words, terrorists?

The answer I present here is an unequivocal “Yes.” It is foundational to the definition of the Jewish state that our soldiers be held accountable for crimes they commit, even against the most horrific criminals in the world.

Officials from the criminal investigation division arrived at the Sde Teiman facility on July 29. They detained several reserve soldiers for questioning on suspicion of abusing a terrorist detainee at the facility, who had been brought to the hospital with severe injuries. A police investigation and an IDF investigation were opened into the suspected abuse.

The soldiers detained for allegedly sodomizing a Nukhba terrorist claimed that he attacked them first, according to the organization Honenu, which represents four of the soldiers.

These Hamas terrorists have been held at Sde Teiman since October 7 without the right to an attorney due to their status as “illegal combatants.”

The incident occurred approximately a month ago when the prisoner was transferred from Ofer Prison to Sde Teiman. He allegedly resisted and attacked the soldiers during a routine search, injuring one soldier.

When the police arrived, a riot broke out, and an attempt was made to allow some of the suspected soldiers to flee. The reservists clashed with the police, as well. During the riots, two Israeli journalists – Channel 12’s Uri Isaac and Yediot Aharonot’s Ilana Curiel – were attacked.

Likud MK Nissim Vaturi, Otzma Yehudit MK Amichai Eliyahu, and Religious Zionist Party MK Zvi Sukkot broke into the base while participating in the riots.

Complete unacceptable actions

Let’s pause on that for a minute.

Three members of the government participated in a violent riot and broke into an IDF base – a base belonging to the army they claim to support. In what world is this acceptable?

The next day, military police prosecutors contacted Palestinians in Gaza who had been released from the Sde Teiman prison facility to inquire about possible abuse by IDF soldiers, according to Chief Military Prosecutor Col. Matan Solomash.

Then, this Tuesday, left-wing activist group B’Tselem released a report alleging that Israel has conducted a systematic policy of prisoner abuse and torture against Palestinian detainees since the start of the Israel-Hamas war.

The report, based on interviews with 55 Palestinian detainees, claims the prisoners were subjected to acts ranging from arbitrary violence to sexual abuse.

B’Tselem’s report claimed the overall picture indicates abuse and torture carried out under orders, violating Israel’s domestic and international legal obligations.

Both the Israel Prison Service (IPS) and the IDF denied the allegations, the former stating that the claims were not formally presented to them and were untrue.

However, the IPS acknowledged that the conditions for security prisoners have worsened under the direction of National Security Minister Itamar Ben-Gvir.

On Tuesday, Channel 12 shared a video allegedly showing IDF soldiers sexually assaulting a Palestinian detainee at Sde Teiman.

Protesters then disrupted and ultimately paused a hearing on Wednesday in the High Court of Justice on the Sde Teiman debacle. The hearing followed a petition by The Association for Civil Rights in Israel demanding the Sde Teiman center be closed, citing allegations of abuse and torture of detainees.

A protest organization called “Guarding the Soldiers” criticized the hearing, calling it a “gift to [Hamas leader] Sinwar and murderers” and saying the court was showing an “indelible stain” by hearing about improving conditions for “Nukhba terrorists.”

Protesters also gathered earlier this week outside an IDF court hearing for eight soldiers suspected of abusing detainees at Sde Teiman. Some protests have involved breaking into military bases and confronting soldiers.This is gaining traction internationally, as well.

The US State Department spokesperson said there can be no justification for the rape or sexual assault of detainees.

This fact cannot be denied. What kind of country would not want to keep its soldiers in line and its actions in check? The answer to that is painful: A country that no longer cares about international law.

Israel must hold accountable soldiers who have committed crimes – and especially commanders who instructed them to do so – and be seen to do so, on the public stage.

When an IDF soldier first enlists, he or she is taught about three types of commands during basic training: A legal command, an illegal command, and a clearly illegal command.

A legal command must be followed immediately. These commands operate according to the rule of law, national and international, and are proportionate to the given situation.

An illegal command bends or slightly breaks these rules but must still be followed. It is then that soldier’s responsibility to report the commander who gave the command to one who outranks them.

A clearly illegal command – such as one instructing a soldier to sodomize a security prisoner – must not be followed under any circumstance and must also be reported.

The world seeing Israel investigate these crimes is the world seeing that Israel is able to maintain checks and balances rather than letting its soldiers roam around committing crimes.

EVEN THE most demonic, evil beings of the human race – terrorists who murdered, raped, and tortured Israelis on October 7 – need to be treated legally, not because they deserve it, but because of what it says about us as a country.

It is shameful to see representatives of this ultra-right-wing coalition take part in such violent, heinous riots to defend criminals.

And before trolls on X put words in my mouth, I am not saying that they are worse than the terrorists, and I am not saying that the terrorists do not deserve all with which God will punish them, but the rule of law must be maintained, and order must be restored.

We must hold our own citizens, our own soldiers, accountable. Only then can we maintain our argument that this is a democratic Jewish state that follows international law.

And one final note: B’Tselem may be a tad extreme, but their investigations are sound. Their report must not be ignored, and if Israel’s leaders are responsible, they will push forward an independent internal investigation.

The writer is deputy editor-in-chief of The Jerusalem Post.