A soldier suffering from severe post-traumatic stress disorder was sentenced to 42 days in military prison, despite expert psychiatric assessments warning that imprisonment would significantly deteriorate his mental health.
According to the KAN report from Monday, the soldier was discharged from the army due to psychological issues stemming from his service during the Israel-Hamas War. During his deployment, he was tasked with recovering the bodies of fallen soldiers and was exposed to traumatic scenes.
The soldier later experienced a psychological episode during a meeting with a military mental health officer, known as a kaban. He allegedly lost control and threw a chair, which struck the officer. The incident was considered uncharacteristic of his usual behavior.
Despite his deteriorating condition and repeated appeals by the Military Public Defender’s Office, the soldier was sentenced to serve time.
Chief Military Public Defender Col. Ofira Elkabets-Rothstein criticized the decision, citing a direct link between the soldier’s outburst and his post-traumatic condition.
“The soldier feels deep remorse and shame. He understands the gravity of his actions, but they were carried out involuntarily due to his mental health crisis,” she said. “Given the circumstances, it would have been more appropriate to direct him toward rehabilitation rather than incarceration.”
She added that the system is failing to provide appropriate psychological support for soldiers dealing with war-related trauma.
“These cases highlight a broader systemic issue. The responses are often rigid and punitive, without taking into account the effects of warfare on soldiers’ mental health. We’re not identifying these failures early enough, and the system lacks the flexibility and empathy required.”
IDF facing widespread wave of PTSD cases
According to Elkabets-Rothstein, the IDF is facing a widespread but under-addressed wave of PTSD cases among soldiers returning from combat operations in Gaza and along the northern border.
“We’re only seeing the tip of the iceberg,” she warned. “Mental health injuries among combat troops require a fundamentally different legal and therapeutic approach.”
She also pointed to a wider disconnect between legal proceedings and operational realities during wartime.
“There is a legal imbalance when it comes to how war-related offenses are treated. In some cases, minor disciplinary issues are being handled with full legal proceedings during ongoing combat, while the system remains inflexible in adapting solutions for complex cases involving trauma.”
Elkabets-Rothstein referred to “a paradox” in the military justice system’s handling of certain offenses, such as desertion and weapon violations, during wartime.
“The harsh punishment of deserters during a time of significant manpower shortages undermines efforts to retain soldiers and provide proper care. There is growing tension between upholding IDF values and responding to operational needs during a war,” she said.
The IDF Spokesperson’s Unit has not yet issued a response to the report.