Sde Teiman, an Israeli military detention and interrogation centre used to detain Palestinians from the Gaza Strip, has time and time again been revealed as a site of shocking maltreatment and torture. The severity of the maltreatment has been highlighted by a variety of international and domestic media outlets, which have recounted a number of striking accounts of the extreme brutality exercised by Israeli soldiers. 36 Palestinian detainees died in Sde Teiman, per Haaretz. A physician stationed at Sde Teiman’s medical facility voiced his concern about being an accomplice to this illegality in a letter addressed to the minister of defence and the attorney general back in April.
Additionally, a group of reserve soldiers were taken into custody a few weeks ago by the Israeli military police under charges of severely torturing a Palestinian prisoner, incurring severe bodily harm, aggravated mistreatment, and inappropriate behaviour for a soldier. This incident incited anger among Israeli political figures which included ministers and parliamentary members. However, the trigger for this outrage was not the appalling crimes that were uncovered, but the questioning of the soldiers involved.
On the surface, one might presume a sheer divide between the Israeli legal authorities who are presently seeking to enforce responsibility and vehement politicians endorsing immunity, particularly in an instance like the one that has recently sparked public interest and debate. However, the actual scenario is even grimmer.
Over the years, the Israeli system has honed its capacity to inflict relentless violence on Palestinians without facing any repercussions. It’s crucial to remember that it’s impossible to subdue millions for years without resorting to violence at a terrifying level. Yet, it is also unfeasible to continuously put those who perpetrate this violence on trial, because who would agree to govern if they’re later accused of being a criminal. As a result, a balance of enquiry and impunity has been established.
The initial stage involves the receipt of alleged criminal reports from any interested party, including Palestinians, NGOs, and UN organisations. The next step is to create an illusion of action by generating documents, without delving substantially into the alleged crime. This typically involves viewing each reported case as an isolated incident perpetuated by a low-ranking officer, never examining the overarching policy or senior officers. The subsequent stage involves letting a significant amount of time pass, allowing the public’s attention to shift and memories fade, which can result in indifference towards, for example, a Palestinian youngster fatally shot in the back by Israeli forces near the separation barrier. The final stage is the closure of the case, illustrating that Israel has, in principle, conducted an “investigation”.
A junior officer is occasionally prosecuted within this system every couple of years, notable because of the significance made of it. This usually comes about when there is concrete video evidence or undeniable forensic records sparking an international scandal and public outcry. Take for instance, the cases of Israeli border officer Ben Deri in Beitunia (2014) and Sergeant Elor Azaria in Hebron (2016). There was indisputable video evidence in both instances with each officer convicted for perpetrating the death of a Palestinian. Despite the convictions, neither officer served more than a year in prison. Israel capitalised on these cases as a showcase of its “investigative” action, justifying the closure of other outstanding cases. It is through this method that Israel manages to maintain an image of normalcy while diffusing international legal threats.
This contrivance is continuously echoed by the political, military and legal authorities in Israel through their mantra that “investigations protect our soldiers”, to protect themselves from scrutiny from the “anti-Semites in The Hague”. Up until recently, this masquerade has been effective, balancing the atrocities committed on one side, and the lack of Israelis prosecuted abroad on the other. The scale illustrates tens of thousands on one end and zero on the other, proving its efficacy.
However, lately, this tactic seems unsustainable both domestically and internationally. Citizens within Israel are finding it increasingly difficult to stomach even pretence investigations and rare prosecutions, thus the political cost is becoming excessively high.
Internationally recognised human rights agencies have over the years continually flagged allegations towards Israel, leading to an escalated difficulty in refuting the stated charges of organised concealment undertaken by Israel. The interplay of events such as shifting global public opinion, the rising violence and its endurance, Israel letting go of pretences, and now, the actual legal perils emerging from The Hague, have all intensified. Additionally, these incidents have significantly reduced the political willingness within Israel to carry out further internal “inquiries”.
When, despite efforts to validate the sincerity of the local investigations, arrest warrants are eventually brought forth in The Hague, this provides “proof against the belief that our judiciary is an impervious shield against international court proceedings”, according to MK Simcha Rothman, Chairman of the Knesset’s Constitution, Law and Justice Committee. He subtly alludes to the instrumental significance of these legal operations.
Subsequently, this draws our attention back to Sde Teiman – and also The Hague.
The Sde Teiman probe which recently escalated reveals only a fragment of a much larger issue. Down the line, more local “inquiries” into lower-grade personnel in Israel would be expected, but on top of that, authentic probes into high-ranking officials overseas for the first time. The evocative inquiries related to Sde Teiman will unavoidably make their way upwards to the chain of command. Equally, the inquiries about Israel’s policy of using military force in Gaza, leading to innumerable Palestinian casualties, will not obtain answers from mere sergeants. Furthermore, Israel’s unlawful strategy, filled with war crimes in the West Bank – crimes that are fundamentally policy crimes, results of successive governmental decisions – patiently awaits international arrest warrants against top-level officers.
These overlapping forces evolved from the delayed direct confrontation between the Israel’s system of overt Jewish dominance and the harsh reality. The reality of a non-standard state, incapable of diffusing international legal threats. Internal disputes are crumbling under their own magnitude. This should be seen as promising news—and a drive to continue forward—for those who advocate for justice and accountability.
This article was drawn upon insights from Hagai El-Ad, stationed in Jerusalem and former executive director of B’Tselem, the Israeli Information Centre for Human Rights in Occupied Territories. He frequently engages with his audience over social media like Twitter and can be followed at @HagaiElAd. A different rendition of this piece originally appeared in Ha’aretz.