Legislation Weakening Israel's Attorney General Threatens Military Justice and IDF Personnel

The Israeli coalition's accelerated push to weaken the authority of the Attorney General (AG) risks significant collateral damage to the military legal system, the Israel Defense Forces (IDF), and its servicemembers. Former Chief Military Advocate General and retired judge Ilan Schiff, alongside Dr. Eran Shamir-Borer, former head of the International Law Department in the Military Advocate’s Office, warn that the legislation undermines the independence of the Military Advocate General (MAG) and the rule of law within the IDF.

Currently, the MAG operates with professional autonomy within the military but remains subordinate to the civilian AG in certain cases with broader implications, such as policies on extracting sperm from fallen soldiers or military force applications that may have international legal consequences. This balance, established by Supreme Court rulings and AG guidelines decades ago, protects soldiers’ rights and ensures civilian oversight over military legal matters.

The proposed law would grant the government powers to override legal advice, approve external legal representation, and prevent the AG from appearing in court, indirectly weakening the MAG’s authority and allowing political interference in military affairs. This could erode the IDF’s institutional integrity, jeopardize soldiers’ rights, and risk the adoption of unlawful policies, including discriminatory conscription enforcement or operational directives that violate international law.

During recent conflicts, government ministers have sometimes relied on external legal opinions that lacked professional rigor, challenging the military’s legal counsel. The authors question whether IDF personnel will continue to serve if pressured to act unlawfully or face legal risks abroad. They also express concern over the absence of IDF and Defense Ministry voices in Knesset debates, fearing political suppression or self-censorship.

The article concludes that the legislation reflects a broader governmental problem with legal accountability and warns that passing the bill without thoroughly examining its impact on military justice and servicemembers would be a grave mistake. Schiff and Shamir-Borer call for a responsible review of the law’s consequences before proceeding.