Freddy Eytan

Amb. Freddy Eytan, a former Foreign Ministry senior adviser who served in Israel’s embassies in Paris and Brussels, was Israel’s first Ambassador to the Islamic Republic of Mauritania and a researcher at the Jerusalem Center for Security and Foreign Affairs

On politization and leaks to the press

The politicization of national institutions and judicial bodies is a serious phenomenon that risks threatening the values of our democracy.

Thirty years after the horrific assassination of Prime Minister Yitzhak Rabin by a Jewish law student, Israeli society remains tragically divided, torn between right and left. Unfortunately, all sectors are currently affected by this divide: the IDF, the police, the Shin Bet, and the Mossad are not spared. These institutions are symbols of national cohesion, yet they must be kept separate from political discourse. The State of Israel is tiny, and Israelis form one large family. Rumors, whether in the private or public sphere, spread with the speed of a disastrous hurricane.

The case of Sde Teiman and the subsequent scrutiny of the IDF's Attorney General, Yifat Tomer Yerushalmi, defies comprehension. Her "disappearance" on Herzliya beach and her missing smartphone raise numerous questions about her true intentions, but above all, they raise concerns about transparency and confidentiality regarding the decision-making processes of government institutions. It needlessly plunges the country into further political turmoil, with each party vying for influence and employing populist tactics to preemptively prepare for parliamentary elections.

The debate is legitimate, but it must be conducted respectfully and through dialogue, not by force of will. A witch hunt before a police investigation is unacceptable. It is always preferable to find solutions to address the shortcomings. On this point, it is dangerous that all parties prefer to wave the revolutionary banner. Everyone wants to be right but stubbornly refuses to respect their opponent and compromise. Passion prevails over reason.

Back in January 2023, the judicial reform had already sparked waves of popular protests. These were justified, for it was the first time the sacrosanct institution of the Jewish nation, which gifted humanity with the Tablets of the Law, had been touched. The good faith of the judges in Jerusalem had been questioned, and all those comfortably seated on the Supreme Court had been deeply offended. This reform stung the honorable judges, respected throughout the world.

Fortunately, it was put on hold, but unfortunately, it has resurfaced with renewed force these days.

This reform is undoubtedly necessary, but it has quickly become a universal debate, which proves that, apart from the Israeli-Arab conflict, Israeli democracy remains vibrant and a subject for reflection a considerable asset for the free world.

However, only the justice system holds the final say. It remains implacable and will judge a prime minister, an ordinary citizen, or a soldier in the same way. It will issue its verdict only after meticulously investigating and examining all aspects of the accusation, and only based on tangible evidence, not on rumors or unfounded hypotheses often orchestrated by self-serving lawyers on television.

However, disclosing sensitive information to the media without prior official authorization is a serious offense. Consider the case of soldier Anat Kam: in 2009, she unscrupulously transmitted over 2,000 confidential documents to a Haaretz journalist. Strangely, and despite everything, she regularly publishes articles in this liberal daily, presumptuously and arrogantly lecturing others on morality and proper conduct.

These days, when the IDF's chief prosecutor proudly assumes full responsibility for handing over to television a video accusing soldiers of mistreating Hamas terrorists, she is clearly crossing red lines.

On March 24, 2016, the case of Israeli soldier Elor Azaria, who had killed a Palestinian terrorist lying on the ground in Hebron, relentlessly preoccupied Israeli and international public opinion. Never in the history of the IDF had a trial provoked such emotion and public controversy. The trial lasted more than nine months. Three military judges, in a lengthy, hundred-page indictment, justified why the soldier was accused of premeditated murder. They categorically refuted the defense lawyers' arguments. This case, like the current one, has also been manipulated by political parties of all stripes. These cases encompass various aspects of our daily lives, including the fight against terrorism, the conduct of soldiers in the Territories, the values of the IDF, NGO investigations, military justice, the role of the press, and the future of the relationship between the Israeli people and their army. Since October 7, 2023, blind trust in the generals has truly deteriorated.

In a democratic country, there are fundamental laws that everyone must respect and, above all, adhere to strictly. The verdict should not be pronounced in the columns of a newspaper, on television, or in a street demonstration.

The military prosecutor general was wrong to release information to the press to counter what she claimed was false propaganda targeting military law enforcement. Despite her resignation, she will have to face trial like any other citizen. The release of this video provoked an international outcry and caused serious harm to IDF soldiers at a time when Israel was fighting on multiple fronts.

The rule of law must be respected within the Israeli army; however, senior officers are prohibited from making decisions based solely on personal or political opinions. The IDF must always conduct thorough and fair investigations, respecting the law and ethics. In this politically explosive context, the bill on the death penalty for terrorists will have to be debated in the Knesset in a purely deterrent and security interest, avoiding demagoguery and populism for electoral reasons.

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