Unofficial translation of proposed Bill on the Transfer of Confidential Information to the Prime Minister and Minister of Defense

Unofficial translation of proposed Bill on the Transfer of Confidential Information to the Prime Minister and Minister of Defense
Dr. Aaron Lerner 1 December 2024

Under current law, when the heads of the various branches of the security establishment decide not to bring information to the attention of the Prime Minister or Defense Minister people serving under them in the security branches cannot share the information with the Prime Minister or Minister of Defense.

Security branch leaders argue now that if the Prime Minister or Defense Minister want to see a specific piece of information that they can.

But this, of course, requires that the Prime Minister or Minister of Defense KNOWS what to ask for!

Dear Reader: It pains me greatly to share with you that these senior people have made this argument with a straight face.

It further pains me greatly to share with you that the news media is sharing this argument with the public as if it a perfectly reasonable defense of the current arrangement rather than an insult to our intelligence (no pun intended).

Attorney General Gali Baharav-Miara opposes the law on the grounds that it could undermine the hierarchical structure of the security establishment.

Dear Reader: Under the current set-up, the absolute lowest level person in each of the various branches of the security establishment can go over the heads of every person in the chain of command to directly share information with the head of their branch.

This arrangement is not considered a threat to the hierarchical structure of the security establishment but instead a vital feature to ensure that no level in the chain of command can stop the transfer of what someone below that person considers to be critical information.

It is not clear why extending this arrangement to reach the Prime Minister and the Minister of Defense is a dramatically greater “threat” to the hierarchical structure of the security establishment.

The following is a translation of the proposed law just endorsed by the Government. ,

The Twenty-Fifth Knesset

Initiators: Members of Knesset Hanoch Dov Milvitzky
       Amit Halevi

                 P/5083/25

Bill on the Transfer of Confidential Information to the Prime Minister and Ministers (Legislative Amendments), 5785–2024

Amendment to the Military Justice Law

In the Military Justice Law, 5715–1955:

(1) In Section 57, the existing text shall be designated as subsection “(a)”, and after it shall come:

“(b) The provisions of subsection (a) shall not apply to a soldier who has conveyed information as stated in that subsection to the Prime Minister or the Minister of Defense, even if he did so without authorization.”

(2) In Section 73, the existing text shall be designated as subsection “(a)”, and after it shall come:

“(b) The provisions of subsection (a) shall not apply to a soldier who has conveyed information to the Prime Minister or the Minister of Defense, even if he thereby exceeded his authority.”

Amendment to the Penal Law

In the Penal Law, 5737–1977, at the end of Section 113a shall come:

“The provisions of this section shall not apply to someone who has conveyed confidential information to the Prime Minister, the Minister of Defense, or to a minister whose area of responsibility includes the secret matters to which the confidential information pertains, as the case may be, even if that person was not authorized to do so.”

Amendment to the General Security Service Law

In the General Security Service Law, 5762–2002:

(1) In Section 17(b), after paragraph (3) shall come:

“(4) To the Prime Minister.”

(2) In Section 19, at the end shall come:

“(d) The provisions of this section shall not apply to the transfer of information as stated in subsection (a) to the Prime Minister.”

Explanatory Notes

During the “Operation Iron Swords” war, there were numerous reports of critical security information being withheld from the Prime Minister specifically, and the political echelon in general. After the Yom Kippur War, the IDF’s Intelligence Directorate (AMAN) established a Control Division to evaluate less probable scenarios (“Devil’s Advocate”) to prevent the recurrence of strategic misconceptions, such as those preceding that war.

Prior to the outbreak of “Operation Iron Swords,” many military personnel were exposed to critical information regarding “Operation Jericho,” Hamas’s planned invasion of Israeli territory. However, this information did not reach the Prime Minister or the political echelon. Even during the war, critical documents concerning enemy intentions did not make it to decision-makers.

To ensure that the political echelon, especially the Prime Minister, who bears the grave responsibility of sending our best sons and daughters into battle, receives all the necessary information for decision-making and to eliminate any concerns among security personnel about sharing such information, it is proposed to prevent any criminalization of the transfer of vital information to the responsible minister or the Prime Minister.

Submitted to the Speaker of the Knesset and deputies
Placed on the Knesset’s table on
24th of Cheshvan 5785 (November 25, 2024)
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Source: https://www.imra.org.il/story.php?id=74282