Internal Security Minister Omer Barlev on Thursday sent a letter to Defense Minister Benny Gantz asking him to clarify to Chief of Staff Aviv Kochavi and other IDF officials that the Attorney General’s directives permit soldiers in Judea and Samaria to detain and arrest Israeli citizens they suspect of committing violence until police officers arrive at the scene.
The letter followed an argument that erupted at the cabinet meeting last Sunday between Barlev and Kochavi around the authority of IDF soldiers in the territories to act against Jewish settlers who “attack Palestinians.”
The main issue that was debated at the cabinet was crimes in Arab society, but toward the end, Minister Barlev insisted on raising the issue of “violent attacks by far-right elements against Palestinians in the West Bank,” even though it had no bearing on the debate at hand.
Individuals who participated in the meeting told Walla that Barlev was then asked how the police are handling “settler violence” and said that this area is under the responsibility of the army and the sovereign in the territories is the Commander of the Central Command.
Barlev argued that Israel Police do not have enough manpower in Judea and Samaria and added that IDF soldiers there have the same powers as the police toward Israeli civilians –they are allowed to detain Israelis who are involved in violence until police arrive on the scene. “This authority is not used sufficiently,” Barlev complained.
According to the individuals who attended the meeting, Chief of Staff Kochavi intervened at that point, saying, “That’s not true. There’s no such thing.” He cited a policy paper issued by the Attorney General in 1998 stressing a preference for police officers rather than soldiers to act against Israeli citizens in the territories.
The sources in the meeting told Walla that the Chief of Staff took away from what the Internal Security Minister was saying that Barlev was shirking the responsibility of the police by saying soldiers have exactly the same powers as policemen. The Chief of Staff suggested police officers had additional powers over those that soldiers have, including the ability to conduct an investigation and make arrests.
Prime Minister Naftali Bennett calmed down the raging argument and instructed National Security Chief Eyal Hulata to work with the Attorney General to clarify the issue of police vs. army powers in the territories.
The 1998 AG policy paper clearly states that the army’s powers regarding Israelis who break the law in Judea and Samaria extend only to holding the suspects until police arrive.
Barlev sent his letter on Thursday to the Defense Minister, with copies to PM Bennett, to the ministers of the Security-Political Cabinet, and to State Attorney and Acting Attorney General Amit Isman.
“The chief of staff’s remarks do not comply with the provisions of the law,” Barlev wrote Gantz. “The Chief of Staff’s remarks are contradictory and even jarring in light of what had been said by the Chief of Staff’s underling, Legal Counsel of the Judea and Samaria Division, Colonel Assam Hamad, in a hearing at the Knesset’s Constitution Committee a few days earlier.”
In that hearing, Legal Counsel Hamad told the committee that IDF soldiers have the authority to handle Israeli citizens who are violent against Arabs in the territories, including the power to detain and arrest them.
Minister Barlev insisted that the IDF educate its soldiers in Judea and Samaria about those powers.
Of course, this entire saga has nothing to do with real issues but was intended from the start to enhance the public perception as if there are hundreds of incidents where “violent settlers” are attacking innocent Arabs unprovoked while IDF soldiers look on, confused about their legal authority to intervene (See: Gantz Bullish on Prosecuting ‘Violent Settlers,’ Ignoring Raging Arab Violence).
Barlev, a Labor minister, is engaged, together with Meretz, in a propaganda war against the settlements over a scant few cases in which Jews dared fight back against Arab murderous attacks.
