The IDF has developed a new policy intended to protect and expand the rights of individuals suspected of sexual assault or harassment in cases that are not eligible for criminal prosecution, allowing suspects to receive greater details about allegations concerning them and choose questions to be asked of the alleged victim, among other new rights.
The new policy was first reported on Ynet on Thursday, then independently verified by The Jerusalem Post.
The policy applies specifically to cases referred to the IDF Chief of Staff's Gender Affairs Advisor that are not subject to a criminal investigation. If a complainant chooses not to file a complaint with the Military Police for personal reasons, or when a complaint is reviewed by the Military Police but the alleged conduct does not meet the threshold for criminal prosecution, an internal inquiry is conducted under the responsibility of the Gender Affairs Advisor's Unit.
According to IDF data, in 2025, only 10% of the over 2,420 reports of sexual assault and harassment were investigated by the Military Police or the Israeli Police, while 59% were handled through disciplinary and command channels. The remaining cases were inconclusive or not fully pursued, were not handled due to "external circumstances," or were withdrawn by 48 victims.
The Military Defense Counsel demanded that procedures governing these inquiries be revised to grant additional rights to the accused, also referred to legally as the respondent. According to the Military Defense Counsel, the previous procedures, which took effect in 2024, violated the rights of those accused of assault or harassment.
Military Defense Counsel petitions High Court to expand rights of the accused
About nine months ago, the Military Defense Counsel petitioned the High Court of Justice to overturn the procedures, claiming they had been drafted by military prosecution officials without consulting the defense.
The petition also claimed that sexual harassment complaints could serve as a way to bypass Military Police investigations or disciplinary proceedings, potentially allowing for the suspension, dismissal, or termination of career military service.
According to the petition, the accused were not provided with sufficient means to defend themselves. Another argument made was that the procedures could encourage false complaints.
Following the petition, the Gender Affairs Advisor's Unit and the Military Defense Counsel began negotiations, which resulted in the changed procedures.
The revised procedures include the accused, or respondents, receiving a general description of the allegations against them when they are summoned for an inquiry, along with an explanation of the process, their rights, and a copy of the full procedures.
Additionally, the respondent will be presented with the allegations and supporting evidence with as much detail as possible, including either the alleged victim's original complaint, or, if the alleged victim does not consent to it being shared, a summary of the complaint.
All evidence collected during the inquiry will be forwarded to the alleged victim or the complainant's commander. The accused will receive a summary of the findings and have an opportunity to respond before a final decision is made.
While the accused will not be permitted to directly cross-examine their alleged victims, the alleged victims will be required to answer questions the accused submits to the officer conducting the inquiry.
Exceptions will be permitted only in extraordinary circumstances.
Respondents will also be allowed to call witnesses on their behalf.
Investigating officers will no longer be appointed by the Gender Affairs Advisor's Unit
In addition, the responsibility for appointing investigating officers will shift from the Gender Affairs Advisor's Unit to the commander of the complainant. The Military Defense Counsel argued that the previous arrangement created a potential conflict of interest because the same unit supported victims of offenses and appointed the officers tasked with investigating the complaints.
The Gender Affairs Advisor's Unit will continue training investigating officers, with involvement from the Military Defense Counsel. Both parties will be entitled to request the replacement of an investigating officer if there is a substantial concern of bias.
Investigating officers may still recommend dismissal, suspension, or the initiation of proceedings to terminate a career service commitment. The final decision will be made by the authorized commander.
The Post reached out to the IDF for a statement on the new policy, and did not receive a response before the time of publishing.
Jerusalem Post Staff contributed to this report.
Follow us on GoogleSource: The Jerusalem Post · DANYA SAPERSTEIN
At a glance
- Topic
- World
- Country
- 🇮🇱 IL
- Publisher language
- EN
- Added to Allnira