Soldiers in compulsory service, career service, and reserve duty are subject to the Military Justice Law and are tried in a separate system: district military courts and the Military Court of Appeals.
A separate legal system with its own rules
Soldiers in compulsory service, career service, and reserve duty are subject to the Military Justice Law and are tried in a separate system: district military courts and the Military Court of Appeals. The system hears both unique military offenses (absence without leave, desertion, failure to obey an order, guard duty offenses) and “civilian” offenses committed by soldiers: drugs, violence, weapons, property offenses, and more. Alongside it operates the disciplinary system: expedited proceedings before a disciplinary officer for minor offenses.
The differences you must know
The procedures, the composition of the judges, the sentencing policy, and the points of emphasis differ from the civilian system: the military courts give enormous weight to the values of discipline, deterrence, and equality in bearing the burden, and are stringent in offenses perceived as harming the core of service. On the other hand, the system has unique mechanisms and tracks that a defense lawyer who knows them can make use of: from charging decisions, through plea agreements with the military prosecution, to considerations of rehabilitation and continued service.
The right to a civilian lawyer
Every soldier standing trial in a military court has the right to be represented by a civilian lawyer of his or her choosing, alongside or instead of the military defense. In cases with civilian consequences, a criminal record, a future profession, parallel civilian cases, experienced civilian criminal representation has decisive value: it sees the full picture, in the military and after it.
Legal representation
Israel Arama, a former member of the Tel Aviv District Attorney's Office, represents soldiers and career service personnel in proceedings in the military courts and in disciplinary proceedings, from the first MPCID questioning to the appeal. Contact us for an initial consultation with no obligation.
A separate legal system with its own rules — what is important to know?
Soldiers in compulsory service, career service, and reserve duty are subject to the Military Justice Law and are tried in a separate system: district military courts and the Military Court of Appeals. The system hears both unique military offenses (absence without leave, desertion, failure to obey an order, guard duty offenses) and “civilian” offenses committed by soldiers: drugs, violence, weapons, property offenses, and more. Alongside it operates the disciplinary system: expedited proceedings before a disciplinary officer for minor offenses.
The differences you must know — what is important to know?
The procedures, the composition of the judges, the sentencing policy, and the points of emphasis differ from the civilian system: the military courts give enormous weight to the values of discipline, deterrence, and equality in bearing the burden, and are stringent in offenses perceived as harming the core of service. On the other hand, the system has unique mechanisms and tracks that a defense lawyer who knows them can make use of: from charging decisions, through plea agreements with the military prosecution, to considerations of rehabilitation and continued service.
The right to a civilian lawyer — what is important to know?
Every soldier standing trial in a military court has the right to be represented by a civilian lawyer of his or her choosing, alongside or instead of the military defense. In cases with civilian consequences, a criminal record, a future profession, parallel civilian cases, experienced civilian criminal representation has decisive value: it sees the full picture, in the military and after it.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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