Israeli soldier convicted of manslaughter in killing of immobile Palestinian assailant

Record ID: 163103

  • Title: Israeli soldier convicted of manslaughter in killing of immobile Palestinian assailant
  • Date: 4th January 2017
  • Summary: TEL AVIV, ISRAEL (JANUARY 4, 2017) (REUTERS) DEMONSTRATION IN SUPPORT OF AZARIA VARIOUS OF SCUFFLES BETWEEN POLICE AND DEMONSTRATORS (SOUNDBITE) (English) EITAN COHEN, DEMONSTRATOR, SAYING: "Killing a terrorist is one of the most moral things you can do. There's a terrorist trying to kill people, the only logical thing to do to such a person is kill him. He has no right to live." DEMONSTRATOR HOLDING ISRAELI FLAG
  • Embargoed: 19th January 2017 12:23
  • Keywords: Israel Soldier Hebron Court Verdict
  • Location: TEL AVIV, LOD, ISRAEL/HEBRON, WEST BANK
  • City: TEL AVIV, LOD, ISRAEL/HEBRON, WEST BANK
  • Country: Israel
  • Topics: Conflicts/War/Peace
  • Reuters ID: LVA0035XNZ9ZB
  • Aspect Ratio: 16:9
  • Story Text: EDITORS PLEASE NOTE: THIS EDIT CONTAINS MATERIAL WHICH WAS ORIGINALLY 4:3
    An Israeli soldier who shot dead a wounded and incapacitated Palestinian assailant in the occupied West Bank was convicted of manslaughter on Wednesday (January 4) in one of the most divisive trials in Israel's history.
    Hundreds of far-right protesters rallied in support of Sergeant Elor Azaria along a busy Tel Aviv street and some clashed with police outside an army base where the lengthy verdict was read out.
    Despite a campaign by Azaria's family and rightist politicians criticising the armed forces for putting him on trial at a time of Palestinian street attacks, members of Israel's military establishment argued that shooting in violation of regulations could not be countenanced.
    A three-judge military court rejected the 20-year-old conscript's arguments that he acted in self-defence.
    The shooting was caught on video by a Palestinian rights activist, and the footage, distributed to news organisations, ensured the incident drew international attention.
    Reading for 2-1/2 hours from the verdict, chief judge Colonel Maya Heller said Azaria shot the Palestinian out of revenge in March 2016 after the assailant stabbed and wounded a fellow soldier in the West Bank town of Hebron.
    "He deserves to die," Azaria was quoted in the verdict as telling another soldier, just after fatally shooting the Palestinian in the head as the man, who had been wounded minutes earlier by Israeli military gunfire, lay motionless in the street.
    "One cannot use this type of force, even if we're talking about an enemy's life," the court said in its verdict. "We unanimously convict the accused of manslaughter and of conduct unbecoming (of a soldier)."
    Prosecutor Nadav Vaisman told reporters the verdict was according to the law, although he added "this is not a happy day for us".
    Defence lawyer Ilan Katz said an appeal was possible and called the verdict 'harsh'.
    "We claimed from the beginning that the military court was in favour of the prosecution, we brought evidence for it," Katz said.
    The Azaria family media adviser, Sharon Gal, said the court "stabbed the back" of Azaria and other Israeli combat soldiers.
    As scuffles erupted outside the courtroom between Azaria's supporters and police forces, one of the demonstrators, Eitan Cohen, told Reuters that "killing a terrorist is one of the most moral things you can do."
    Israeli Defence Minister Avigdor Lieberman, talking to reporters shortly after the verdict was announced, called for restraint.
    "We are all committed to respect the court ruling. We are all committed to keep restraint," he said.
    In the West Bank city of Hebron, family members of the Palestinian assailant who was shot dead by Azaria voiced satisfaction over the verdict, as they watched a live broadcast of the events on Israeli Television.
    "The Israeli verdict to say he is guilty is a good step, not bad, and we hope that the sentencing will be fair," said Yousri Abd Elfatah Ashareef, the father of the assailant.
    Sentencing will be handed down at a later date. Politicians from right-wing parties have already called on President Reuven Rivlin to pardon the soldier, who has been dubbed "everyone's child" by the campaign supporting him.
    The manslaughter charge carries a maximum penalty of 20 years' imprisonment.
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