Israeli soldiers who gang-raped Palestinian prisoner are now free to return to military service

On Monday, March 16, Israeli Defense Minister Israel Katz met with a group of Israeli soldiers and apologized to them for the 'wrong that the system has done' to them, and instructed the IDF to return them to immediate service.

“On Monday, March 16, Israeli Defense Minister Israel Katz met with a group of Israeli soldiers and apologized to them for the “wrong that the system has done” to them, and instructed the IDF to return them to immediate service”

Mondoweiss

The soldiers in question were the ones who gang-raped a Palestinian prisoner in Gaza.

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Just a week prior to Katz’s meeting with them, the soldiers had been cleared of charges after the case against them was closed by the newly appointed Chief Military Advocate (CMA), Maj. General Itay Ofir.

'Justice has been done and all this dark cloud has been removed from you and your family members… I commend the decision of the new CMA, who in opposition to his predecessor, leads a policy of protecting the soldiers and not the terrorists', Katz said.

'I have instructed the security apparatus and the IDF to act so that you may return to service – as is fit and as you want, to contribute and be part of the great victory'.

Following the closing of the case last week, Prime Minister Benjamin Netanyahu issued a congratulatory statement: 'The blood-libel against the fighters of Force 100, known as the 'Sde Teiman affair', which defamed Israel worldwide on an unprecedented scale, has come to an end.

The State of Israel must hunt down its enemies – not its heroic fighters.'

Mondoweiss

The gang rape was a scandal in Israel, because in August 2024, a video was leaked, showing the gang-rape from the CCTV camera at the most notorious torture camp, Sde Teiman – which is part of a whole network of torture camps, as documented by the Israeli B’tselem, in their report 'Welcome to hell', also from 2024.

Gang-rape, including by the usage of dogs, is part of the systemic torture that these Palestinian hostages are forced to endure.

The case related to the footage also included forensic evidence of severe beating – breaking of a rib, puncturing of a lung – in addition to tearing of the rectum by the sharp object inserted into the prisoner’s anus.

But the scandal that engulfed Israel was not because the public was incensed by this brutal and heinous crime. No, it was the fact that someone tried to bring the crime to light.

It turned out that the video footage was leaked at the time by the former Chief Military Advocate, Maj. Gen. Yifat Tomer-Yerushalmi.

She was arrested, and ultimately opted to resign in November.

That resignation was a gift for the Israeli political establishment, with Defense Minister Israel Katz fast-tracking Itay Ofir to the vacant position.

Ofir delivered.

The case is now closed.

Ofir is a former combat soldier in the Givati Brigade and a reservist in the Negev Brigade, besides his legal training.

'IDF soldiers must have the trust of the public, and therefore the Military Advocate General’s Office must have the public’s trust,' Katz said at Ofir’s inauguration ceremony.

'We will confront this crisis by correcting the serious mistakes, learning the lessons and applying them. Only then can we restore the trust the IDF needs more than anything else… I am confident you will turn this major crisis into an opportunity to rebuild and reorganize the Military Advocate General’s Office.'

Ofir’s reasoning highlighted what he considers a lacking evidentiary basis, and what he described as 'procedural problems' related to the handling of the case – particularly that it was leaked and discussed in the media.

“On Monday, March 16, Israeli Defense Minister Israel Katz met with a group of Israeli soldiers and apologized to them for the “wrong that the system has done” to them, and instructed the IDF to return them to immediate service”

Mondoweiss

He emphasized that the Palestinian detainee who was brutalized is now back in Gaza, and that in October he was released within the plan for the release of the kidnapped Israelis.

This new circumstance 'significantly changes the evidentiary basis and makes proof of significant parts of the indictment difficult'.

He also claimed that the video 'does not represent an indisputable picture of the charges attributed to the defendants'.

He noted that the testimony of the victim and the medical records do not seem to help.

He added that the video leak 'significantly hurt their right to a fair procedure and the sense of justice and fairness which are required to stand at the core of any criminal procedure'.

The piece calls this a 'desperate attempt to shield the soldiers from justice' and suggests the phrase 'protection from justice' appears in the decision.

The article argues this is political protection of the defendants.

Netanyahu’s framing that the case has defamed Israel is presented as a victory for the state, while the author contends that the closing of the case signals that rape is legal and accepted among the system.

The piece draws parallels to the 2016 Elor Azarya murder case, describing how Azarya’s trial was sham and how he returned home to a ‘hero’s welcome’ after a brief term, and cites the idea of an 'Azarya effect' suggesting prosecutions deter soldiers.

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It argues the Sde Teiman closure reinforces a dehumanizing narrative toward Palestinians and asserts that the genocidal vein is so strong, that it overrides concerns about appearing civilised.

It warns that rapists could return to Sde Teiman or other torture dungeons and say 'welcome to hell'.