Israel arrests military lawyer accused of leaking video showing alleged abuse of detainee

Amna Nawaz:

Authorities in Israel have detained the Israeli military's top lawyer, a two-star general, and accused her of leaking video that allegedly shows Israeli soldiers assaulting a Palestinian detainee. The general resigned on Friday, but then disappeared over the weekend, causing her family to report her missing.

Nick Schifrin reports that her saga renews an intense debate about how the legal system treats Israeli soldiers and Palestinian detainees.

Nick Schifrin:

In Israel's Sde Teiman detention camp, alleged abuse caught on camera. It's July 2024, and Israeli soldiers forced a Palestinian prisoner into a corner. In footage aired on Israel's Channel 12, behind riot shields, the prisoner is allegedly sexually assaulted. The abuse goes on for several minutes.

The footage has stunned Israel, in part because of its content, but also because of its source, Israel's top military lawyer, Major General Yifat Tomer-Yerushalmi. The military advocate general was forced to resign on Friday and admitted to releasing the video. Today, she's under arrest, facing prosecution for obstruction of justice, fraud, and abuse of office.

This weekend, Israeli Prime Minister Benjamin Netanyahu called it a catastrophe.

Benjamin Netanyahu, Israeli Prime Minister (through interpreter):

The incident in Sde Teiman caused immense damage to the image of the state of Israel and the IDF, to our soldiers. This is perhaps the most severe public relations attack that the state of Israel has experienced since its establishment.

Nick Schifrin:

Last summer, the soldiers were charged with abuse, but not sexual crimes. But it still prompted right-wing protests and demands they be released.

Man:

We're here to let everybody know nobody will touch our soldiers, our brothers and our army.

Nick Schifrin:

Tomer-Yerushalmi says she released the video so the public would understand the seriousness of the charges. She has insisted that Israel benefits from abiding by the rule of law, as she said in September 2023.

Maj. Gen. Yifat Tomer-Yerushalmi, Former Military Advocate General, Israeli Defense Forces (through interpreter):

The IDF's international legitimacy efforts are greatly benefited by the aura, the protection with which the justice system provides it.

Nick Schifrin:

Yesterday, the reservists charged with abuse appeared in public and accused Tomer-Yerushalmi of spoiling their case.

Man (through interpreter):

You have done a field trial on us in front of the cameras, as if you have already decided who's guilty. We will continue to fight for justice for ourselves, for everyone who came out in uniform and defended our home.

Nick Schifrin:

This weekend, Tomer-Yerushalmi briefly went missing, and police found her abandoned car with a note. Police later found her on a beach, safe, but in distress.

Dr. Eran Shamir-Borer, Center for Security and Democracy Director, Israel Democracy Institute: It's kind of a crisis for — I know for the rule of law in Israel and for the legal system in Israel.

Nick Schifrin:

Eran Shamir-Borer is the director with the Israel Democracy Institute and served in the military advocate general's office for 20 years. He's now a colonel in the Reserves.

Why is it a crisis today for the rule of law?

Dr. Eran Shamir-Borer:

This is the body within the IDF, which is in charge of enforcing the law within IDF ranks, both ensuring that IDF soldiers conduct themselves and the IDF conduct itself in a lawful manner, but also holding those that may have violated the law, hold them accountable. It's like the beacon of justice and truth within the IDF.

Nick Schifrin:

And how shocking is it that the military advocate general herself was behind this leak and today that she's in detention?

Dr. Eran Shamir-Borer:

It is very, very shocking. Running investigations against soldiers and holding soldiers accountable for misconduct in the midst of a war, in the midst of very intense operational activity, that's nothing — it's not something that could be taken easily.

What started as an act of holding soldiers accountable became like a whole public debate over the notion of rule of law and those representing it within IDF ranks.

Nick Schifrin:

Do you believe that there's any kind of systemic issue with the treatment of Palestinian detainees in military detention facilities?

Dr. Eran Shamir-Borer:

Over the time, it kind of improved. Nowadays, much less detainees there. But it was — at the beginning, I think it was kind of problematic. I don't ascribe to the — I follow some of the critiques around the world. They said Guantanamo, Israeli Guantanamo or black hole. I don't think this was an area of black hole, but definitely Israel wasn't excelling in the way it treated the detainees there at the first phases of the conflict.

Nick Schifrin:

Critics of Israeli military actions and of Israel's occupation argue Tomer-Yerushalmi is being prosecuted as a political tool.

Joel Carmel, Breaking the Silence: Certainly, what the Israeli right is trying to do now is to make an example of her, to put so much pressure on her in a way that shows anyone who could potentially hold this government or the decision-maker say to account, to remind them that it's not worth doing that. They have put a very clear price tag on speaking out.

Nick Schifrin:

Joel Carmel is a former Israeli soldier and the advocacy director of Breaking the Silence, a left-wing organization of former soldiers. He argues the real issue is not the video. It's the alleged abuse.

Joel Carmel:

Detainees being made to sit cross-legged all day every day in rows, not to move, not to speak. Anyone who moves is made to stand up and is punished by having to hold their hands over their heads for prolonged periods of time.

A lot of people are referring to these as torture camps. At least 70 people came into Sde Teiman alive and left dead. That's something that really needs to be thoroughly investigated.

Nick Schifrin:

There's not a huge constituency, Joel, for the argument that you're making for breaking the silence in general in Israel. Why do you find it important to keep making these arguments? And do you believe that Israelis are listening?

Joel Carmel:

No one likes a mirror being held up to them to talk about bad things that they or we as a society have done. We all want to feel like we were justified in doing everything we did. And yet it's important for us, as people who care about very basic values, Jewish values.

I think it's a real shame that, over so many years of occupation, we have reached this kind of level of dehumanization, but we have to carry on doing this work.

Nick Schifrin:

A video and a fallout that's become a test for how Israel treats detainees, its own soldiers and the rule of law.

For the "PBS News Hour," I'm Nick Schifrin.