IDF Overhauls Sexual Harassment Inquiry Protocols to Strengthen Accused Soldiers' Rights

The Israel Defense Forces has introduced a new policy designed to expand the procedural rights of soldiers suspected of sexual harassment or assault in cases that do not proceed to criminal prosecution. The updated guidelines allow accused personnel to receive more detailed information about the allegations against them and enable them to select specific questions for the alleged victim to answer. The policy was initially reported by Ynet on Thursday and subsequently verified by The Jerusalem Post.

These changes apply specifically to matters referred to the IDF Chief of Staff's Gender Affairs Advisor. Such inquiries are conducted when a complainant chooses not to file a formal complaint with the Military Police, or when the Military Police determines that the alleged conduct does not meet the threshold for a criminal investigation. In these instances, the Gender Affairs Advisor's Unit takes responsibility for the internal inquiry rather than external law enforcement agencies.

IDF data from 2025 highlights the scope of these internal processes. Out of more than 2,420 reports of sexual assault and harassment that year, only 10% were investigated by the Military Police or the Israeli Police. A majority, 59%, were handled through disciplinary and command channels. The remaining cases were either inconclusive, not fully pursued due to external circumstances, or withdrawn by 48 victims.

The revision of these procedures was driven by demands from the Military Defense Counsel. The office argued that the previous protocols, which came into effect in 2024, failed to adequately protect the rights of those accused of misconduct. To address these concerns, the Military Defense Counsel filed a petition with the High Court of Justice approximately nine months ago. The petition sought to overturn the existing procedures, claiming they were drafted by military prosecution officials without sufficient consultation with the defense.

In its legal filing, the Military Defense Counsel argued that sexual harassment complaints could be used to bypass standard Military Police investigations or disciplinary proceedings. This process could lead to the suspension, dismissal, or termination of career military service without robust defensive mechanisms. The petition also contended that the previous rules might encourage the filing of false complaints due to the limited means available to the accused for self-defense.

Following the High Court petition, negotiations began between the Gender Affairs Advisor's Unit and the Military Defense Counsel. These discussions resulted in the adoption of the new revised procedures. Under the new rules, respondents will receive a general description of the allegations when summoned for an inquiry. They will also be provided with an explanation of the process, a summary of their rights, and a copy of the full procedural guidelines.

The new protocols ensure that respondents are presented with the allegations and supporting evidence in as much detail as possible. This includes the alleged victim's original complaint if consent is given, or a summary of the complaint if the victim does not consent to its disclosure. All evidence collected during the inquiry will be forwarded to the alleged victim or the complainant's commander. Additionally, the accused will receive a summary of the findings and have the opportunity to respond before a final decision is rendered.

While direct cross-examination of alleged victims is not permitted, respondents can now submit questions to the officer conducting the inquiry. The alleged victim is required to answer these questions, with exceptions only in extraordinary circumstances. Respondents are also granted the right to call witnesses on their behalf to support their case.

A significant structural change involves the appointment of investigating officers. Previously, the Gender Affairs Advisor's Unit appointed these officers, a practice the Military Defense Counsel argued created a conflict of interest because the same unit supported victims and selected investigators. Under the new policy, the commander of the complainant will be responsible for appointing the investigating officer. The Gender Affairs Advisor's Unit will continue to train these officers, with involvement from the Military Defense Counsel. Both parties may request the replacement of an officer if there is a substantial concern of bias.

Investigating officers retain the authority to recommend dismissal, suspension, or the initiation of proceedings to terminate career service commitments. However, the final decision rests with the authorized commander. The IDF did not respond to a request for a statement regarding the new policy before the publication of this report.