Desertion from the IDF – – legal information

Desertion from the IDF is a unique offense with no equivalent outside the military legal system. Despite the fact that people often desert without really being aware of the severe consequences of their actions, desertion may result in incarceration in military prison and a permanent criminal record. There are various reasons for deserting, and in many cases these involve complex personal or family circumstances. Having said that, it is important to understand that there are many alternatives to deserting, but if desertion has been committed it is both possible and desirable to adopt the correct approach so as to minimize its potential ensuing damage.

Our law firm, based in Jerusalem and Tel Aviv, specializes in Israeli military law. Our staff provide legal help and support on a variety of issues such as arranging legal status in Israel with the military authorities, accompanying individuals in proceedings to obtain exemption from service in the IDF, (including in the Compatibility for IDF Service Committee) and before the military courts, etc.

The military system can be extremely challenging for the many of those who pass through it, but for certain individuals, coping with the military routine is especially difficult. A significant number of soldiers drafted into the IDF come from a complex personal or family background. Consequently, they find it extremely difficult to cope with the need to balance between their personal issues and the difficult challenge of contending with the overall experience of military service. Others might come into conflict with their commanders for a variety of reasons. It is for these reasons and others too that soldiers sometimes decide to desert – to refrain from reporting to their unit and cooperating with the military establishment.

It is always advisable to do whatever is possible to avoid being branded a deserter, as it leaves behind an indelible stain. If you or your friends and relatives are currently deserting or considering desertion, following are a number of issues it is important to know regarding the implications of desertion and how to deal with them.

WHAT IS DESERTION?

The Military Justice Law includes a number of offenses for which it is possible to undergo criminal trial in a military court for desertion or draft evasion (which refers to failure to report for the draft as required by the Defense Service Law). The most common offense for which deserters are tried is called “absence from service without permission”. This is an offense that carries a maximum penalty of up to 3 years imprisonment.

The offense officially defined as “desertion” is much more severe than absence from service without permission. This is a severe offense of fleeing your military service without any intention to ever return. The penalty for the official offense of “desertion” is up to 15 years imprisonment. In practical terms, in most cases, the military authorities often prefer to try deserters for absence from service. There is however a legal presumption (which can be refuted), according to which desertion exceeding a period of one and a half years proves the lack of any intention to return to the army.

WHAT ARE THE CONSEQUENCES OF DESERTION?

Conviction of desertion will generally lead to the imposition of a prison sentence and a criminal record that will remain even after military service. This entails extremely severe consequences. Having said that, it is important to know that this essentially depends on the specific circumstances of each incident. On occasion, the duration of the period of desertion will lead to merely a disciplinary hearing and no indictment will be served. On such occasions, the soldier will be tried in their military unit, receive a prison sentence of no more than a few weeks and no criminal record will be recorded after their service is completed.

But for those who do end up facing a criminal trial, appropriate legal representation, which can best explain the ins and outs of the deserters’ position, is likely to have a strong impact on the final result and lead to potential mitigation such as a reduced penalty, no criminal record or a reduced criminal record (that is expunged after 5 years) – all of these are forms of mitigation that can be attained by presenting the legal arguments in the correct manner.

WHAT CAN BE DONE DURING THE COURSE OF DESERTION?

The most important thing to remember about desertion is that it is a state of affairs that cannot continue indefinitely. The IDF and Israeli police take action to apprehend deserters. Those who do not desist from deserting on their own and report back for trial will be arrested sooner or later. On the whole, the IDF tends to adopt a more lenient approach towards those who choose to report back voluntarily while it will hand down more severe sentences to those who are arrested. For the most part, the army will not agree to negotiate with deserters and determine their status until they report back. Therefore, if somebody has already deserted, it is not recommended to simply wait around without doing anything until being arrested – a proactive approach could help to change the situation in that person’s favor.

We should also stress that the circumstances surrounding the act of deserting can have a dramatic impact on the final result. Thus, for example, those who have deserted due to objective reasons might be able to request a lighter sentence if they are able to present proof of their claims as to extenuating circumstances.

If an individual has deserted in order to provide urgent help at home in contending with family debts for example, then providing proof of the existence of these debts by producing relevant debt-related correspondence or bank statements could well contribute to mitigation of sentencing. If the decision to desert was due to a severe mental condition, then presenting a relevant psychiatric diagnosis could clearly be of immense help. If you are not sure as to what action you should take, it is highly recommended to consult with an attorney specializing in the field of Israeli military law, one who is fully conversant with the law and what action to take on such issues.

CONTACT US – Desertion from the IDF

If you have any specific question or need to consult on desertion from the IDF arranging your legal status with the military authorities, you can contact an attorney from our law office, who specializes in military law. Our attorneys have a wealth of experience in providing legal representation for soldiers in their dealings with all the relevant military and civil authorities and courts. You can contact a lawyer from our firm using the phone numbers or e-mail address listed below.