Military Advocate General

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The Military Advocate General assists the Israel Defense Forces in imposing rules of conduct through legal advice, legal instruction, maintaining the mechanisms for military prosecution and legal defense, and fulfilling special legal tasks. It supervises, by exercising the designated operative instruments and authority, over the rule of law in the IDF.

Missions Statement: In partnership with IDF commanders, whilst firmly retaining independent professional discretion, the Military Advocate General's Corps will promote justice and the integration of the rule of law within the army; and with determination that stems from striving for excellence in order to bring the IDF to full success on the legal front.

The MAG Corps: The Military Advocate General’s Corps (MAG) was established in 1956 in conjunction with the promulgation of the Military Justice Act. The MAG is headed by the Military Advocate General, who is appointed by the Minister of Defense at the recommendation of the IDF’s Chief of Staff. The MAG essentially supervises and enforces the rule of law throughout the IDF and provides legal advice to the Chief of Staff and all divisions of the military in areas relating to military, domestic and international law. Its mission is to instill the general principles of law and the values of justice in the IDF.

In fulfilling this task, it is the MAG Corps' responsibility to aid the IDF by means of:

• Law enforcement in the armed forces.
• Supervising the disciplinary procedures in the IDF.
• Providing legal defense to soldiers standing trial in an IDF court martial.
• Providing legal advice to units and command authorities throughout the IDF.
• Providing legal advice on international and operational legal issues.
• Developing, teaching and implementing military law amongst IDF commanders and soldiers.

Overview

The principal activities of the Military Advocate General are:

• Maintaining prosecution and legal defense systems before the military tribunals.
• Providing military authorities with legal advice on military law and the law in general (including international law).
• Maintaining the military tribunal system in areas falling under the jurisdiction of the IDF.
• Supervision over the rules of conduct in the IDF.
• Supervision over the investigatory arms in the IDF, and over the military detention centres.
• Representing the IDF before public and institutional bodies.
• Teaching law and jurisprudence in the IDF and its values among soldiers and commanders.

Structure

The Military Advocate General consists of the following bodies:

Chief Military Advocate General

The Military Advocate General is a member of the General Staff, but has complete legal independence and is not subject to the direct orders of the Chief of Staff or other superior officers. The Military Advocate General is appointed by the Minister of Defense on the recommendation of the Chief of Staff. The decisions and legal opinions of the Military Advocate General are considered determinative in all areas relating to law and the military and must be adhered to by all bodies of the military. The current head of the service is Lieutenant General Avichai Mandelblit.

Deputy Military Advocate General

The Deputy Military Advocate General assists the Military Advocate General (MAG) in his duties, coordinates and administers the general operations of the entire Corps, including the budget and human resources and acts as substitute for the Military Advocate General in his absence. Furthermore, in accordance with section 178 of the Military Justice Act, the Deputy MAG has the power to order cancellation of an indictment and to cancel or alter disciplinary verdicts. The Deputy Military Advocate General is also authorized by a specific Supreme Military Command Order to approve promotions in rank, regarding those who are currently undergoing investigation or under certain circumstances have undergone inquiries by the investigative branch of the military police. In addition, according to a General Staff Order, the Deputy Military Advocate General may recommend to the office of the President clemency for those soldiers or officers who were convicted by a military court.

The current Deputy Military Advocate General is Brigadier General Shron afek.

Chief Military Prosecutor

The purpose of the military prosecution service, at whose head stands the chief prosecutor, is to effect the enforcement of the rule of law by means of monopolizing the rigors of the law against offenders who are delivered to military judgment. Such individuals include: IDF soldiers who are transferred to the jurisdiction of the military courts of justice in accordance with the Military Jurisdiction Act (1955) and the residents of Judea and Samaria, who are put on trial by the military courts which have been established in the area, by virtue of the provisions of international law and security legislation.

• The Chief Military Prosecutor:

The Chief Military Prosecutor commands military prosecutions, and hosts professional guides to various bodies, in such areas as the reasons for inquiry in criminal military law. Amongst his powers, he is authorized to order the application of appeals regarding decisions of the regional military court and in the appropriate legal cases, even to submit requests for permission to appeal to the Supreme Court regarding verdicts that were handed down by the military appeal court. Moreover, auxiliary to the chief military prosecutor, the attorney general participates in the process of petitioning the supreme court of justice, in diverse areas connected to the activities of the military prosecution service. The Chief Military Prosecutor is the advisor of the MAG and his deputy, in lieu of decisions relating to criminal law. Likewise, he provides legal advice to the Intelligence Corps and the investigative branch of the Military Police regarding criminal and security matters. He also represents the MAG Corps specifically, and the army generally, before civilian bodies in discussions concerning the enforcement of the rule of law in the IDF.

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Chief Military Defense

The military defense counsel exists to provide legal defense by way of advice and representation to all soldiers who are undergoing investigations and legal proceedings within the military framework, or are liable to such action. Additionally, the counsel promotes procedures to strengthen the legal rights of soldiers and staff.

The military defense Counsel's core areas of operation are:

• Advising and assisting suspects in inquiries conducted by the military police.
• Representation in proceedings before the mili9tary courts.
• Representation and providing advice in investigative proceedings of the inquiry committee, in the event that such action may affect the client's future service, or it contains a criminal aspect.
• Consulting and preparing private professional opinion in disciplinary law proceedings which have the potential of significantly affecting the continuation of service.
• Representation before the committees which accompany the criminal process (for example: the committee for the consideration of punishment, committee '210' and the committee for annulling obligations etc), when the defense counsel has dealt with the main process.
• Assuming part of the responsibility for legislative initiatives concerning the ramifications of the rights of suspects.
• Managing the editorial field on topics concerning the consequences of military defense assistance.

This being the case, the military defense doesn't limit its involvement to merely representing private clients, but rather broadens it's affairs to guarding the rights of soldiers at trials and what may incidentally follow. In doing so, over the years it has submitted a long list of petitions to the Supreme Court, whilst presiding as the High Court of Justice; that deal with matters concerning the aftermath of criminal conviction in the military courts, the rights of professional staff during the course of inquiries, discrimination between IDF soldiers and the border police in implementation of military processes towards them and much more.

The military defense counsel also closely follows legislative processes and command amendments which relate to the aforementioned soldiers. Naturally, the counsel's main focus is amending legislation which concerns the classification of the military court's conviction outcomes, that is to say, the issues of crime registration

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Legislation and Legal Advice Department

The Legislation and Legal Advice Department (hereafter referred to as LLAD) is involved in providing legal advice for all military bodies, (with an emphasis upon the General Staff wing and the numerous Corps) and to those dealing with the MAG Corps in the diverse legal fields of statutory and administrative law, contract law, tender law, employment law, planning and construction law, medical law and technology regulations etc. The LLAD manages the handling of answers to proceedings before the Supreme Court of Justice and additional legal jurisdictions concerning these subjects and assists the state legal service in presenting the army's position.

Additionally, the LLAD functions to address legislation in its preliminary stages, secondary legislation and military orders, by proposing amendments to drafts in an effort to influence initiatives during their various stages of review, both in the kenneset (legislator) and government.

The department's officers' collectively participate in discussions concerning staff works which occur in the IDF's various component bodies. It further assists, by means of providing legal advice in the consolidation of policy and procedure.

The LLAD is responsible for managing the preparation of legal documentation which is requisite for the IDF's various causes (contracts, obligation charges etc) and also represents the IDF before the many governmental ministries and other civilian bodies, necessary for the army to carry out its functions. The LLAD, is assigned around 45 legal officers and 10 regulars, divided between participation in advice and legislation.

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International Law Branch

The International Law Department (ILD) is responsible for a variety of legal issues related to international law, and provides legal counsel to all relevant bodies within the Israel Defense Forces (IDF) on such matters. Additionally, the ILD provides assistance to government agencies outside the IDF with regard to aspects of international law which pertain to IDF activity. It also provides assistance in the handling of petitions to the Israeli High Court of Justice (HCJ) and civil claims relating to international law.

Among the matters handled by the Department are: legal counsel with regard to the Laws of Armed Conflict (LOAC) and the humanitarian obligations of a party to the conflict; the laws of occupation; weapons control and the use of weapons; bilateral agreements; the legal aspects of the foreign relations of the IDF and its security cooperation with foreign militaries. Furthermore, the Department formulates opinions on issues of international law in response to appeals on behalf of international organizations and human rights organizations. The Department is also involved in international proceedings relating to the IDF and its operations and in the formulating and analyzing of international conventions on matters pertaining to the IDF, occasionally representing the State of Israel and the IDF in such forums. Additionally, the Department provides legal counsel to the Northern and Southern Commands of the IDF, as well as the Coordination and Liaison Unit in Gaza, by the placement of legal advisors at those agencies.

In addition to the provision of legal opinions on concrete questions, the officers of the Department are active in the implementation of international law in IDF activities, beginning with the planning processes, by taking part in the formulation of doctrine, operational plans and position papers. Furthermore, the officers of the ILD undertake lectures and public appearances in a variety of professional forums which pertain to international law.

The Department is comprised of two branches:

• The Security and Operational Branch, which includes the Security and Legal Section and the Operational Section, the legal advisors to the Northern and Southern Commands and the Operational Legal Counsel Element of the Military Advocate General's Corps in times of conflict (a team of legal advisors supervised by the ILD and trained for deployment to various bodies of the IDF in order to assist in providing legal counsel during conflict).
• The Strategic and International Branch, which includes the Economic and Humanitarian Section, the Strategic Section and the Foreign Relations Section.

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Legal Advisor in Judea and Samaria

The legal advisor to the territories of Judea and Samaria provides legal consultation for the chief of the central command and those forces which operate in the region

Within the framework of their undertakings, the department's officers confer legal advice for the regulation of forces which operate in the area (central command, the division brigades, the civilian administrator, military liaisons, and in specific fields various authorities). These include the police belonging to the Samaria district, the internal security service and the various relevant governmental departments whose activities fall under the jurisdiction of the legal district.

The Judea and Samaria legal advice unit also imparts legal advice in international law, public administrative law, local regulations and security legislation. The unit's officers write legal opinions, formulate the phraseology of legislation for Judea and Samaria, and assist state operatives at the time of representing IDF commanders in the area, concerning procedures which deal with law in the region. Additionally, it represents the military in the local judicial system and supervises the legality of the army's activities in Judea and Samaria.

Within the unit for legal advice in Judea and Samaria five departments are active. Each department is commanded by an officer holding the rank of Major:

• The department of crime and security confers legal opinion towards legislative initiatives regarding law enforcement, and is concurrently involved with monitoring legal aspects of security activities in the various demarcated areas.
• The interior department provides advice concerning planning and construction matters, in both the Israeli and Palestinian sectors as well as in the affairs of the local government and Israeli settlements.
• The real estate department's responsibilities include advising categories which concern the legal position of various pieces of real estate in Judea and Samaria, expropriating real estate property for public use, indemnity payment in consideration for the occupation of real estate.
• The general and civilian department is involved with giving advice in relation to civilian legislation in the area, treating tort claims against the ministry of defense and the chief IDF officer in the area, advertising tenders and issuing communication licenses etc.
• The population registrar's department manages the legal aspects that concern entrance permits from Judea and Samaria to Israel/abroad, work permits and family visitations etc.

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Military Law School

IDF School of Military Law acts as the forum of instruction and research for the IDF. Rooted in the legal values of justice, thorough guidance, extensive research and supervision, its departments are filled with creative professional officers, who take initiative, and serve from a sense of mission aspiring for excellence through persistence and enjoyment in all areas that the school is engaged. Its accomplishments are the integration of the rule of law and legal consciousness within the IDF.

The IDF aims to teach international law to all relevant military personnel. As the primary organ for implementing this policy, the IDF School of Military Law (the School) was established in 1996 by the IDF Chief-of-Staff and the Military Advocate General (MAG). In addition to training IDF MAG Corps officers, the School has an extensive program of courses for teaching military law, criminal law, and international law to IDF personnel.

The Military Law School uses a wide spectrum of means and methods in teaching the Law of War, which aim at giving an array of answers to the various needs of different military personal operating under particular circumstances. The Military Law School’s activities include lectures given at the School’s facilities and in the field, the development of computerized training software, the authoring of reading materials distributed throughout the IDF and the development of academic courses tailor-made for commanders attending other schools or training programs in the IDF.

Additionally, the IDF School of Military Law officers are responsible for the editing and publication of the law school's periodical journal, the IDF Law

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List of Chief Military Advocate Generals

• Aharon Hoter-Yishai (1948–1950)
• Aharon Moyal (1950-1953)
• Meir Zohar (1953-1961)
• Meir Shamgar (1961–1968)
• Tzvi Hadar (1968-1973)
• Tzvi Inbar (1973–1979)
• Dov Shefi (1979–1984)
• Ben-Tziyon Farkhi (1984–1986)
• Amnon Straschnov (1986–1991)
• Ilan Schiff (1991–1995)
• Uri Shoham (1995–2000)
• Menachem Finkelstein (2000–2004)
• Avichai Mandelblit (2004–present)

Further reading

The Military Advocate General web site

For updates on recent legal issues such as systematic reforms, operation Cast Lead and other IDF operations and humanitarian efforts Click here