IDF won't bow to pressure in probing Sde Teiman torture claims, ex-IDF prosecutor says

The IDF cannot prosecute civlians who stormed the Sde Teiman and Beit Lid bases, but the prosecution of soldiers suspected of torture would not be influenced by political pressure, former IDF chief prosecutor Col. (res.) Sharon Zagagai-Pinhas told Sarah Ben-Nun on The Jerusalem Post Podcast.

Zagagi-Pinhas, who is now a member of Forum Dvorah and the Dinah Project, was reacting to the storming of IDF bases in the South by rioting civilians and lawmakers. The incident itself was sparked by the IDF arresting soldiers stationed at Sde Teiman, a base that has become a detention facility for suspected terrorists held in administrative detention following the events of October 7. The soldiers in question were suspected of torturing and even sexually abusing several of the inmates. 

The detainees in the base "are considered unlawful combatants," Zagagi-Pinhas explained. 

However, after allegations of abuse and torture at Sde Teiman surfaced, the IDF began to investigate.

How does the IDF investigate, prosecute soldiers for committing crimes?

This is how the IDF investigates crimes committed by its soldiers. 

"There is a different system in the army for prosecuting soldiers," she explained. 

First, the military police investigate claims that soldiers are committing felonies. 

"It is a criminal investigation," Zagagi-Pinhas said. "There is a complaint, or there is evidence, regarding a [criminal] offense or felony that a soldier committed."

Crucially, the crime must be related to the soldier's job in the army. Were a soldier to commit shoplifting, for example, it would be handled by civilian courts. When a soldier commits a crime that is related to the specific terms of his service, however, such as a soldier stealing from another soldier on a military base, it has to be handled by the IDF itself. 

Cases of sexual assault can differ. Zagagi-Pinhas explained that if a soldier rapes another soldier off base, meaning it wasn't related to their service, then it would be something for civilian courts. But if it is in relation to what they do in the army, such as if they were serving near each other, then it would be handled by the IDF.

Checking all of these factors is essential in determining whether something will be handled by the IDF courts or civilian courts.

Afterwards, should the investigation require it, the IDF prosecutor will issue an indictment against the suspects. 

The investigation and arrests made surrounding claims of abuse and torture at Sde Teiman are one such example of this process in action. 

But the storming of these bases by civilians is something the IDF can't deal with. 

"The system that has to deal with them is the [civilian legal system]," Zagagi-Pinhas said. "The army has no authority over civilians.... what they can do is best guard the bases and prevent breaches, but they cannot prosecute [any civilians]."

The storming of bases by civlians and lawmakers is unprecedented, but the outrage over the investigation of soldiers at Sde Taiman is not. In 2016, IDF soldier Elor Azaria was arrested for the killing of Palestinian terrorist Abdel Fattah al-Sharif, though the charges were later dropped to manslaughter. The incident became a major source of political tensions in Israel, sparking widespread protests among right-wing Israelis in support of Azaria.

Despite the widespread social and political pressure, the IDF still found Azaria guilty of manslaughter, a decision Zagagi-Pinhas said was rooted in their dedication to the law.

It is for this reason that the former IDF prosecutor says the investigation into the soldiers of Sde Teiman will also be uninfluenced by social and political pressure, and will judge them according to the law and nothing further.

"When you are a lawyer and you work in the law enforcement system, if you stick to the law [and] if you stick to your duty, then nothing will influence you and you can do your job properly," Zagagi-Pinhas said. "You just have to close your ears to all this anger."

She continued, "I'm confident that the military advocate general and the prosecution will be firm in their position, and will deal with things on a legal basis."