The military defense counsel exists to provide legal defense by way of advice and representation to all soldiers who are undergoing investigations and legal proceedings within the military framework, or are liable to such action. Additionally, the counsel promotes procedures to strengthen the legal rights of soldiers and staff.

 

1. Advising and assisting suspects in inquiries conducted by the military police.

2. Representation in proceedings before the mili9tary courts.

3. Representation and providing advice in investigative proceedings of the inquiry committee, in the event that such action may affect the client's future service, or it contains a criminal aspect.

4. Consulting and preparing private professional opinion in disciplinary law proceedings which have the potential of significantly affecting the continuation of service.

5. Representation before the committees which accompany the criminal process (for example: the committee for the consideration of punishment, committee '210' and the committee for annulling obligations etc), when the defense counsel has dealt with the main process.

6. Assuming part of the responsibility for legislative initiatives concerning the ramifications of the rights of suspects.

7. Managing the editorial field on topics concerning the consequences of military defense assistance.

This being the case, the military defense doesn't limit its involvement to merely representing private clients, but rather broadens it's affairs to guarding the rights of soldiers at trials and what may incidentally follow. In doing so, over the years it has submitted a long list of petitions to the Supreme Court, whilst presiding as the High Court of Justice; that deal with matters concerning the aftermath of criminal conviction in the military courts, the rights of professional staff during the course of inquiries, discrimination between IDF soldiers and the border police in implementation of military processes towards them and much more.

The military defense counsel also closely follows legislative processes and command amendments which relate to the aforementioned soldiers. Naturally, the counsel's main focus is amending legislation which concerns the classification of the military court's conviction outcomes, that is to say, the issues of crime registration.

The Supreme Command provisions which deal with the position of military defense determine that:
“Fulfilling his/her duty, the military attorney will not be under any authority, but for the good of his/her client, the defendant.”

Similarly, the interests of the client are paramount for every military defense lawyer. The pertinent implications of such an approach are that in practice whilst acting independently, the Counsel is fully independent, and non subordinate to its' military commanders in managing its' clients defense. As is the case with all lawyers in Israel, the states' laws and the Bar Associations' ethical rules are the sole restrictions that limit an emphasis upon the client's interests.

The defense counsel has four areas of focus:

• The chief military defense, which is responsible for representing senior officers, representation in the appeals process, professionally instructing military defenders and important legal projects.

• Three regional teams: defense for the central command, Air Force and the Home Front  Command and General Headquarters. The regional defense is seated at the 'green house' in Jaffa. The Southern Command and ground forces defender are seated in Camp Yoav, which is situated close to Camp Bar Lev at the Castina junction. The defender of the Northern Command and the Navy are based at Haifa, in the neighborhood of Hadar

All those who fall within the definition of a "soldier" according to the Military Jurisdiction Act, and due to this are or are likely to stand trial at a military court. This wide ranging definition includes, amongst others: professional soldiers, civilian employees of the IDF and people who have been entrusted with an army issued weapon for the purposes of defense.

A soldier is eligible for military defense services in the following situations:

1. He/she is facing investigations, with the risk that an indictment will be served against him/her at the regional military court on the basis of such activity or is facing a disciplinary court marshal as is stated in articles 3 of the aforementioned Act.

2. An indictment has been filed against him/her at a regional military court or there is an intention to do so.

3. The soldier is facing a disciplinary court marshal, and the nature of the offences alleged could result in an extended custodial sentence beyond the period of mandatory service (such as sexual harassment offences).

4. An indictment has been filed against him/her to the military court for traffic offences, and the military defense is of the opinion that the use of an attorney will be helpful for the defense. It is important to mention that in all instances a soldier finds him/herself facing trial at the military court for traffic offences he/she is entitled to seek consultation from the defense counsel.

Article 316 of the Military Justice Law establishes that all soldiers charged with a crime before a military court-martial are entitled to plead their own case or select legal representation according to one of the following schemes:

• Representation by a military advocate, according to the rules detailed hereinafter

• Representation by a civilian advocate from within the private sector who holds permission for audience before military courts.

• Representation by any soldier who agrees to assume the role of providing defense.

In actuality today, the percentage of defendants facing military trial seeking military counsel defense stands between 91%-93%, with 7%-9% opting for the services of the private sector. Only a few individuals per year prefer to represent themselves. The third option is scarcely employed.

 

• Representation by a military defender is provided free of charge. However, it is possible, if the defendant so chooses to pay from his own financial resources for accompanying expenditure towards entailed professional expert opinion whether it is psychological examinations, operating private investigations, lie detector tests (polygraph) etc. The Counsel is allocated a budget from which it provides soldiers with a means of funding a trial's accompanying and essential expenses.

• There is a no mixed representation policy. A soldier, who has hired a private advocate, forfeits his right to a military defender for the duration that such services are rendered.

• It is desirable that representation not begin before an indictment has been submitted to the military court; however it is already included in investigations. In appropriate circumstances the defender can initiate procedural hearings before the Military Advocate General in order to squash the aforementioned indictment.

• The representation doesn't cease with the end of legal proceedings at the military court, but rather persists even to the committees accompanying the legal process or are derived from it.

• The military defender is appointed by the regional jurisdiction command. The defendant isn't entitled to select or request a replacement of the military defender.

Under existing proceedings in the regional military courts, the defender can support his client by first advising him in relation to the investigation, and then in due course request that the MAG corps prevent the soldier from being put on trial (hearings are only held in appropriate instances), in central proceedings full representation of the accused before the military court and before military prosecutorial authorities is provided. It is important to note that that the advice which is provided at the investigatory stage is sometimes critical and is intended to influence the nature of the decision received at the end of the inquiries which have been brought against the soldier. Generally it assists the soldier in preserving his/her rights.

In proceedings that are held at the military court for traffic offences, the activities of the military defender usually amounts to giving advice to the accused on how to manage their case, and in accordance with the client's instructions even attempting to end proceedings by a plea bargain with the military prosecution. In appropriate circumstances, the military defense counsel can request that the deputy military advocate general quash the indictment that has been submitted at the military court of traffic offences. Representation by a military defender at court is only provided when the defense counsel is of the opinion that such action will be useful for the defendant.

 
In the disciplinary law process, there is no automatic right to be represented by a military defender, however the defender may, in addition to advising in the investigative stages assist in preparing the defendant for trial, and where appropriate (when the legal proceedings have potentially far reaching ramifications for the continuation of service) even in preparing written professional opinion that is submitted on behalf of the accused to the judging officer. Likewise, the military defender can represent the accused in proceedings which arise as a result of the verdict (such as before the committee for annulling extended service obligations).