IDF Enhances Rights for Those Accused of Sexual Harassment

The Israel Defense Forces (IDF) has implemented a new procedure significantly bolstering the rights of soldiers suspected of sexual harassment and offenses that do not meet the criminal threshold. This change, which took effect recently, addresses cases handled by the Advisor to the Chief of Staff for Gender Affairs (Yohel'am) and not under criminal investigation. The revision was prompted by demands from the Military Advocate General's Corps (Sengoria), which argued the previous process unfairly disadvantaged accused soldiers.

The updated procedure ensures that individuals summoned for an inquiry will receive a general description of the alleged acts, an explanation of the process and their rights, and a copy of the full procedure. At the start of the inquiry, the allegations and available evidence will be detailed. If the complainant agrees, the original complaint will be provided; otherwise, a summary will be given. The accused will receive a summary of findings and have an opportunity to respond before a final decision is made, a right previously denied.

While direct cross-examination of the complainant by the accused is not permitted, the investigating officer is now obligated to relay questions from the accused to the complainant, who must answer unless exceptional reasons are documented. The accused can also call witnesses on their behalf, another right absent in the prior procedure. Previously, Yohel'am selected investigators, raising concerns about potential conflicts of interest as the unit also supports victims. Under the new rules, the commander of the involved soldier will choose the investigator, with Yohel'am continuing to provide training in cooperation with the Sengoria.

Despite these enhancements, the right to consult with a lawyer during the inquiry and a formal appeals process were not included in the revised procedure. The Military Advocate General's Corps stated that the change demonstrates its institutional role in balancing the needs of the system with the rights of service members. The IDF spokesperson declined to comment.