S3 E51. The Sde Teiman Affair: Israel's Justice System on Trial

Just when it seemed that we might enjoy a lull with the ceasefire, a fresh scandal overtakes the public sphere in Israel. This one is a homegrown domestic mess but it could lead to far reaching, international consequences. In July, 2024, allegations of prisoner abuse at Sde Teiman prison in southern Israel began to surface. This is the prison where detainees captured in the Gaza Strip were held. Then a video - purporting to show physical abuse by IDF soldiers in the prison - was released. The video, in fact, is very grainy and does not show what has been suggested. Nevertheless, when it was leaked an international uproar ensued. Several IDF soldiers were indicted on serious criminal charges but it is unclear exactly what they pertain to.

The indictments of IDF reservists sparked serious riots in Israel, when civilians broke into two IDF bases. A series of probes within the legal system were conducted, and we didn’t hear much more - until Wednesday, October 29. On that day, the top lawyer in the IDF - Yifat Tomer-Yerushalmi - was put on leave. Two days later she resigned and admitted, in writing, that she had leaked the video. So now we have a leak and cover up at the highest levels. During the last week there has been high drama in this case. Yerushalmi disappeared for a few hours - causing major alarm. Her phone disappeared and was found five days later in the sea. Incredibly, it still worked. She was held in custody for five days and then released to house arrest. Tonight she is in hospital following an overdose and what appears to be a suicide attempt.

Everything about this case is sensational and horrible; the personal suffering and indignity and the profound implications for the justice system in Israel. We discuss it all with former IDF MAG lawyer, Ben Wahlhous, who now works as an attorney in private practice in Israel. Wahlhous explains the role of the unit and what is concerning about this case. He also puts it into perspective - making clear that this case demonstrates how strong and ethical the Israeli justice system remains.

Because the facts of this case are so - complicated - and important to understand….and there is so much going on, I have divided this podcast into four parts:

Part 1 - Introduction and The Facts

00:00 - 14:25

Part 2 - Interview with Ben Wahlhous, attorney and former lawyer in IDF legal unit - MAG

14:26 - 41:39

Part 3 - Update on the Facts Current to the evening of Sunday, November 9 41:40-44:28

Part 4 - A Little Levity - An iPhone Experiment Conducted on a Top Political Analysis Show

44:29 - end

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Podcast Notes

Ben Wahlhaus served for many years as an officer in the IDF’s International Law Department. He has been a member of Israel’s defense team at The Hague against South Africa’s allegations of genocide, advised on Israel’s peace treaties and agreements, and appeared in international media explaining the IDF’s commitment to international law. Today Ben serves in the International Law Department as a reserve duty officer, and works in private practice.

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