The Military Advocate General (MAG Corps') ( he, הפרקליטות הצבאית, ''HaParklitut HaTzva'it'') is responsible for implementing the rule of law within the
Israel Defense Forces
The Israel Defense Forces (IDF; he, צְבָא הַהֲגָנָה לְיִשְׂרָאֵל , ), alternatively referred to by the Hebrew-language acronym (), is the national military of the Israel, State of Israel. It consists of three servic ...
. The unit's objectives include integrating the
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
amongst IDF commanders and soldiers; providing commanders with the tools for the effective performance of their missions in accordance with the law; and working with the IDF to achieve its goals on all legal fronts. The MAG Corps' has the ability to provide legal advice in emergencies and during warfare.
The Military Advocate General's Corps (MAG Corps) was founded prior to the establishment of the State of Israel as the "Legal Service" within "Haganah" (the quasi-military body of the Jewish community and Zionist Movement in the British mandate prior to the establishment of the State of Israel). The MAG Corps, as it is today, was established in 1948 concurrent with the IDF, as the "Military Prosecution". In 1950, the unit was renamed the Military Advocate General's Corps.
Since 2015, the Military Advocate General holds the biannual IDF International Conference on LOAC. The conference brings together world-renowned academics and practitioners (governmental and otherwise) from around the world to discuss pertinent issues in LOAC.
Overview
The principal activities of the Military Advocate General are:
*Maintaining prosecution and legal defense systems before the
military tribunal
Military justice (also military law) is the legal system (bodies of law and procedure) that governs the conduct of the active-duty personnel of the armed forces of a country. In some nation-states, civil law and military law are distinct bodie ...
s.
*Providing military authorities with legal advice on military law and the law in general (including
international law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...
).
*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 centers.
*Representing the IDF before public and institutional bodies.
*Teaching law and jurisprudence in the IDF and its values among soldiers and commanders.
Departments
The Military Advocate General consists of the following bodies:
International Law Department
Head of the service,
Aluf
''Aluf'' ( he, אלוף, lit=champion or "First\leader of a group" in Biblical Hebrew; ) is a senior military rank in the Israel Defence Forces (IDF) for officers who in other countries would have the rank of general, air marshal, or admiral ...
; a member of the
General Staff
A military staff or general staff (also referred to as army staff, navy staff, or air staff within the individual services) is a group of officers, enlisted and civilian staff who serve the commander of a division or other large military un ...
, but not professionally subordinate to the
Chief of Staff
The title chief of staff (or head of staff) identifies the leader of a complex organization such as the armed forces, institution, or body of persons and it also may identify a principal staff officer (PSO), who is the coordinator of the supporti ...
.
Legal Advice and Legislate Affairs Department
Coordinates and directs the CMAG Command; serves as
acting
Acting is an activity in which a story is told by means of its enactment by an actor or actress who adopts a character—in theatre, television, film, radio, or any other medium that makes use of the mimetic mode.
Acting involves a broad r ...
CMAG during the Chief's absence.
Military Prosecution
Headed by the Chief Military Prosecutor, they are responsible for criminal prosecution. The Chief Military Prosecutor has exclusive authority to submit appeals to the
Military Court of Appeals
The Israeli Military Court of Appeals is the supreme military court of the Israel Defense Forces. It considers and judges over appeals submitted by the Military Advocate General which challenge decisions rendered by the District Military Tribunals ...
over rulings rendered by the District Military Tribunals.
The Military Prosecution is responsible for upholding the rule of law in the IDF by enforcing the law against IDF soldiers that have committed offences under the jurisdiction of the military justice system. Additionally, the Military Prosecution is responsible for prosecuting residents of Judea and Samaria that have violated the law and are under the jurisdiction of the Military Courts.
Officers in the Military Prosecution handle cases that concern offences that have occurred within the military context or have a military service nexus. In addition, they also handle cases concerning crimes that are unique to the military legal system, such as absenteeism.
Military Defense
Responsible for defending soldiers and officers before the military tribunals, during appeals to the Military Court of Appeals, and providing representation and legal advise to members of the military while they undergo an investigation.
The Military Defense specializes in the defense of soldiers in military-criminal law, and consists of dozens of enlisted defense lawyers working in each district of the Military Courts, as well as numerous lawyers serving in reserve duty. The military defenders handle thousands of cases annually dealing with a variety of offences in the military justice system, and assist soldiers and commanders throughout legal and related proceedings.
Through individual cases as well as the advancement of different initiatives, the Military Defense assists soldiers under investigation and under trial, furthers the rights of soldiers, and contributes to the pursuit of justice. This is all done unwaveringly, independently and tirelessly.
Legal Supervision and Doctrine Branch
Composed of three departments: ''The
Administrative Justice
Administrative law is the division of law that governs the activities of executive branch agencies of government. Administrative law concerns executive branch rule making (executive branch rules are generally referred to as "regulations"), adj ...
Dept.'' oversees administrative conduct and provides legal advice on areas related to administrative law. ''The
Amnesty
Amnesty (from the Ancient Greek ἀμνηστία, ''amnestia'', "forgetfulness, passing over") is defined as "A pardon extended by the government to a group or class of people, usually for a political offense; the act of a sovereign power offici ...
Dept.'' centralizes amnesty appeals to the
President
President most commonly refers to:
*President (corporate title)
*President (education), a leader of a college or university
*President (government title)
President may also refer to:
Automobiles
* Nissan President, a 1966–2010 Japanese ful ...
, provides legal opinion to the Chief of Staff as an authority confirming verdicts and sentences (including their reductions), provides legal advise to the Committee for erasing the criminal records of soldiers prior to their recruitment, handles prisoner releases in the framework of peace agreements, and treats appeals to the
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
. ''The
Supervisor
A supervisor, or lead, (also known as foreman, boss, overseer, facilitator, monitor, area coordinator, line-manager or sometimes gaffer) is the job title of a lower-level management position that is primarily based on authority over workers or ...
y Dept.'' attends to criticisms of MAG bodies, and coordinates its activities with investigatory entities outside the IDF.
Department of the Legal Advisor to the Region of Judea and Samaria
The legal advisor in the
Israeli-occupied West Bank
The Israeli occupation of the West Bank began on 7 June 1967, when Israeli forces captured and occupied the territory (including East Jerusalem), then occupied by Jordan, during the Six-Day War, and continues to the present day. The status of ...
, referred to as the Israeli district name of Judea and Samaria Area, is charged with providing legal advice regarding military activities and military administration to the military commander of the West Bank and to the head of the civil administration. In that role, the division has a difficult task in balancing security interests with humanitarian concerns and plays an active role in settling disputes between Israelis and Palestinians. The division provides legal advice on various aspects of security measures, planning and zoning, land registration, economic activity, municipal governance, etc. Additionally, the division plays a major part in the financial war against terrorist organizations in both seizing terror-related funds and the tracking and arresting of individuals involved in those activities. Lastly, the division plays a central role in planning the route, determining passage arrangements, as well as petitions to the High Court of Justice and compensation issues relating to the Security Barrier.
School of Military Law
The School of Military Law is responsible for providing training in the IDF on matters of military law and for the professional development of those serving in the MAG Corps. The School of Military Law also trains and accredits IDF officers to conduct disciplinary proceedings, and supervises disciplinary proceedings in the IDF. The School of Military Law also coordinates the process for requests by soldiers for pardons or sentence reduction.
The legal training provided by the School of Military Law to IDF commanders and soldiers include in-depth studies of military law, analysis of real events and lessons-learned, practical workshops, the use of advanced training methods and conducting certification courses. The primary topics covered in these trainings are the areas of international law relevant to IDF activity and other legal issues relating to IDF activities, such as command responsibility. The School of Military Law also operates the Military Training and Exercise Administration, the purpose of which is to challenge IDF commanders with the legal aspects of operational scenarios during trainings and exercises that take place in the IDF.
The School of Military Law is also responsible for training and accrediting officers and soldiers in the MAG Corps, upon their arrival to the unit and throughout their service. For decades, the School of Military Law has run the Legal Officer Training Course, which constitutes the MAG Corps' accreditation course and is the flagship course for MAG Corps officers. This course is the bridge between legal studies in university and the military context, and prepares dozens of new officers annually for the challenges they will face in their new roles as they join the ranks of the MAG Corps. The School of Military Law also provides advanced command and management courses for officers, a course for soldiers serving as legal assistants, and more. Additionally, the School of Military Law runs continued legal education courses, professional seminars and conferences.
The School of Military Law responsibility extends to training and accrediting officers to be able to adjudicate disciplinary hearings for soldiers ("disciplinary officers"). The School of Military Law trains all officers in the IDF to become "disciplinary officers", and conducts specialized training for senior officers and officers who are appointed to adjudicate special offences.
The School of Military Law also provides ongoing instruction and advice to commanders and soldiers with respect to disciplinary proceedings, among others, through a designated call center. The School of Military Law provides regular advice to commanders regarding their authorities and particular disciplinary proceedings. The School of Military Law also provides information to soldiers regarding their rights and provides them with the option to ask questions regarding their particular disciplinary proceedings.
The School of Military Law coordinates the supervision of disciplinary proceedings in the IDF on behalf of the Deputy Military Advocate General. The School of Military Law assists the Deputy Military Advocate General in examining claims by soldiers with respect to the standard of the disciplinary proceedings conducted against them, and to deal with cases that require intervention, including invalidating proceedings or ordering a new hearing. This is all done in accordance with the authority conferred to the Deputy Military Advocate General pursuant to Military Justice Law.
The School of Military Law arranges filing requests for pardons or sentence mitigation by soldiers to the President of the State of Israel. In this context, the School of Military Law handles such requests by soldiers convicted in the Military Courts, and assists a committee headed by the Chief Education Officer, which considers requests to expunge the criminal records of soldiers who were convicted prior to his or her enlistment in the IDF.
The School of Military Law operates the Secretariat of the Military Committee for Sentencing Review. This committee, headed by a military judge, is authorized to reduce a soldier's prison sentence, as per considerations provided in the law, which include the soldier's behavior during his or her term in prison, the chances for the soldier's rehabilitation, as well as other unique military considerations.
List of Chief Military Advocate Generals
![Yifat Yerushalmi Tomer](https://upload.wikimedia.org/wikipedia/commons/d/de/Yifat_Yerushalmi_Tomer.jpg)
Following is a list of the Chief Military Advocate Generals of Israel. Before the position was created, the head of the IDF's justice division—called the military prosecution—was
Avraham Gorali.
*Colonel
Aharon Hoter-Yishai
Aharon Hoter-Yishai was the Israeli Military Advocate General in 1948-1950 and testified at the Eichmann trial in 1961.
Military and legal career
In 1945 Hoter-Yishai was an officer of the Jewish Brigade in the Second World War. He served in It ...
(1948–1950)
*Colonel (1950–1953)
*Colonel (1953–1961)
*Brigadier General
Meir Shamgar
Meir Shamgar ( he, מאיר שמגר; August 13, 1925 – October 18, 2019) was the chief justice of the Israeli Supreme Court from 1983 to 1995.
Biography
Meir Shamgar (Sterenberg or Sternberg) was born in the Free City of Danzig (present-da ...
(1961–1968)
*Colonel (1968-1973)
*Brigadier General (1973–1979)
*Brigadier General (1979–1984)
*Major General (1984–1986)
*Brigadier General
Amnon Straschnov (1986–1991)
*Major General (1991–1995)
*Brigadier General
Uri Shoham
Uri Shoham ( he, אורי שהם; August 3, 1948) is a judge on the Supreme Court of Israel. He previously served as a district court judge in Tel-Aviv and a Military Advocate General, Judge Advocate General. His appointment to the court was view ...
(1995–2000)
*Major General
Menachem Finkelstein
Menachem Finkelstein was Israel's Military Advocate General from 2000 to 2004, during the height of the Second Intifada.
Finkelstein was born in 1951 and received an Orthodox Jewish upbringing. He passed the Israeli bar exam in 1976. He served ...
(2000–2004)
*Major General
Avichai Mandelblit
Avichai Mandelblit ( he, אביחי מנדלבליט; born 29 July 1963) is an Israeli jurist who served as the Attorney General of Israel from 2016 to 2022. Mandelblit had a long career in the Israel Defense Forces legal system, eventually ser ...
(2004–2011)
*Major General
Danny Efroni (2011–2015)
*Major General
Sharon Afek (2015–2021)
*Major General (2021–)
Notable MAG Alumni
The Military Advocate General alumni list includes many former officers who are leaders in their respective fields, among them:
Meir Shamgar
Meir Shamgar ( he, מאיר שמגר; August 13, 1925 – October 18, 2019) was the chief justice of the Israeli Supreme Court from 1983 to 1995.
Biography
Meir Shamgar (Sterenberg or Sternberg) was born in the Free City of Danzig (present-da ...
,
Uri Shoham
Uri Shoham ( he, אורי שהם; August 3, 1948) is a judge on the Supreme Court of Israel. He previously served as a district court judge in Tel-Aviv and a Military Advocate General, Judge Advocate General. His appointment to the court was view ...
, Pnina Sharvit-Baruch, Joel Singer, Roy Schöndorf,
Daniel Reisner
Colonel (Res.) Adv. Daniel Reisner (born in Israel in 1963) is the former Head of the International Law Branch of the Israel Defense Forces
The Israel Defense Forces (IDF; he, צְבָא הַהֲגָנָה לְיִשְׂרָאֵל , ), alte ...
, and Prof. Gabriella Blum.
See also
*
Judge Advocate General
Further reading
*Menachem Finkelstein and Yifat Tomer
"The Israeli military legal system,"''Air Force Law Review'', Vol.52, Winter, 2002.
References
{{Authority control
Israeli
Israeli may refer to:
* Something of, from, or related to the State of Israel
* Israelis, citizens or permanent residents of the State of Israel
* Modern Hebrew, a language
* ''Israeli'' (newspaper), published from 2006 to 2008
* Guni Israeli ...
Military justice
Advocate General