Israel has a military justice system that operates within the IDF but is professionally independent. Any allegations regarding offences committed by IDF personnel are dealt with through this multi-tiered system, including allegations regarding improper conduct on the battlefield.
The IDF system of review includes three main components: the Military Police Criminal Investigation Division ("MPCID"), the Military Advocate General's Corps ("MAG"), and the Military Courts. The MAG Corps and Military Courts are both independent from the IDF command hierarchy, are subject only to the law, and are also entirely independent from one another. IDF standing orders (Supreme Command Order 2.0613) clearly state that in executing its powers and authority, the MAG is subject only to the law, and is not subject to the IDF chain of command. On professional matters, the MAG is guided by the Attorney General.
Any person may file a complaint with the Military Police in reference to misconduct by IDF personnel at any civilian police station in the country. Gaza residents can file complaints directly in writing through a NGO acting on their behalf or via the liaison mechanism that works vis-à-vis the Palestinian civilian population.
Generally, the MPCID investigates allegations of criminal offences committed by soldiers. When necessary, consultations are held with a Military Prosecutor from the MAG Corps regarding the proper handling of the case. Where circumstances do not necessarily point to a criminal offence, the Military Advocate General will first review the findings of a field investigation governed by the Military Justice Law. Under the law and IDF standing orders, the findings of field investigations are relayed to the MAG for review. If, after examining the aforementioned material, the MAG believes the facts indicate a reasonable suspicion that an offence may have been committed which justifies the opening of a criminal investigation, he will launch a full criminal investigation of the incident.
The authority to prosecute soldiers for offences connected to their military service lies with the MAG Corps. In cases where sufficient evidence has been collected according to the requirements of Israeli Penal Law, indictments are filed in the Military Courts.
A significant development in the investigation of alleged wrongdoing by IDF soldiers was the establishment, in October 2007, of the Office of the Military Advocate for Operational Affairs. This office is charged with investigating cases of operational misconduct by IDF soldiers against Palestinian civilians, such as mistreatment of prisoners, pillaging or theft, use of unnecessary force, abuse of authority etc.
The rules of evidence in the military legal courts system of the IDF are similar to the rules of evidence in Israeli criminal courts. When there is sufficient evidence to establish a reasonable basis for conviction of a soldier, an indictment may be filed against the soldier. As a general policy, the Military Prosecution seeks substantial sentences in cases of offences against the Palestinian civilian population and, in appropriate cases, appeals lenient sentences to the Military Court of Appeals. Traditionally, however, the Military Courts deal sternly with soldiers convicted of offences against civilians.
