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Elor Azaria, Israeli Soldier Who Killed Wounded Assailant, Gets 18 Months in Prison Elor Azaria, Israeli Soldier Who Killed Wounded Assailant, Gets 18 Months in Prison
(35 minutes later)
JERUSALEM — An Israeli soldier who shot an incapacitated Palestinian attacker in the head was sentenced to 18 months in prison on Tuesday, in a case that has divided Israelis and prompted calls for his pardon.JERUSALEM — An Israeli soldier who shot an incapacitated Palestinian attacker in the head was sentenced to 18 months in prison on Tuesday, in a case that has divided Israelis and prompted calls for his pardon.
Col. Maya Heller, a judge speaking on behalf of a military panel in Tel Aviv, reminded the defendant, Sgt. Elor Azaria, that his conviction for manslaughter was “grave” and that he could have faced up to 20 years in prison.Col. Maya Heller, a judge speaking on behalf of a military panel in Tel Aviv, reminded the defendant, Sgt. Elor Azaria, that his conviction for manslaughter was “grave” and that he could have faced up to 20 years in prison.
“The acts of the defendant are serious,” the judge said, according to a pool report from Israel Radio. “The accused damaged the purity of arms which is so holy” in the Israel military, she added. “There is a need to safeguard humanity.”“The acts of the defendant are serious,” the judge said, according to a pool report from Israel Radio. “The accused damaged the purity of arms which is so holy” in the Israel military, she added. “There is a need to safeguard humanity.”
Sergeant Azaria, now 20, was convicted in January by a panel of military judges for the death of Abed al-Fatah al-Sharif in the occupied West Bank city of Hebron in March. Widely shared video showed the sergeant shooting Mr. Sharif, who was lying still on his back, in the head. Mr. Sharif and another Palestinian had stabbed and wounded an Israeli soldier at a checkpoint. Israeli soldiers had killed the other man and wounded Mr. Sharif.Sergeant Azaria, now 20, was convicted in January by a panel of military judges for the death of Abed al-Fatah al-Sharif in the occupied West Bank city of Hebron in March. Widely shared video showed the sergeant shooting Mr. Sharif, who was lying still on his back, in the head. Mr. Sharif and another Palestinian had stabbed and wounded an Israeli soldier at a checkpoint. Israeli soldiers had killed the other man and wounded Mr. Sharif.
The case unfolded against a backdrop of random attacks by Palestinians using guns, knives and vehicles that had killed at least 28 Israelis in a little over four months. The decision to prosecute Sergeant Azaria rapidly emerged as a flash point in the debate over the Israeli military and its role as the nation’s conscience and most trusted institution.The case unfolded against a backdrop of random attacks by Palestinians using guns, knives and vehicles that had killed at least 28 Israelis in a little over four months. The decision to prosecute Sergeant Azaria rapidly emerged as a flash point in the debate over the Israeli military and its role as the nation’s conscience and most trusted institution.
Conservatives in Israel expressed outrage, with Naftali Bennett, the education minister, accusing the generals of being “quick to pounce on the soldier,” while others launched a bitter campaign against the defense minister, Moshe Yaalon. Many Israelis said Sergeant Azaria should not have been punished for putting his life on the line in the military; service is required for most young Israelis and is held in high esteem in the country. Conservatives in Israel expressed outrage, with Naftali Bennett, the education minister, accusing the generals of being “quick to pounce on the soldier,” while others began a bitter campaign against the defense minister, Moshe Yaalon. Many Israelis said Sergeant Azaria should not have been punished for putting his life on the line in the military; service is required for most young Israelis and is held in high esteem in the country.
Palestinians and Israeli rights advocates said the events showed a callousness to Palestinian life. An Israeli legal and human rights advocacy group that opposes Israel’s occupation of the West Bank, Yesh Din, has said that before the case involving Sergeant Azaria, only one Israeli soldier had been charged and convicted of homicide after more than 260 investigations into Palestinian fatalities since the beginning of the second Palestinian uprising in 2000.Palestinians and Israeli rights advocates said the events showed a callousness to Palestinian life. An Israeli legal and human rights advocacy group that opposes Israel’s occupation of the West Bank, Yesh Din, has said that before the case involving Sergeant Azaria, only one Israeli soldier had been charged and convicted of homicide after more than 260 investigations into Palestinian fatalities since the beginning of the second Palestinian uprising in 2000.
Traditionally, generals have preached restraint in the face of Palestinian violence and adherence to open-fire regulations, which dictate that soldiers should shoot only to neutralize a threat. But under the pressure of continued violence last winter, that consensus had eroded.Traditionally, generals have preached restraint in the face of Palestinian violence and adherence to open-fire regulations, which dictate that soldiers should shoot only to neutralize a threat. But under the pressure of continued violence last winter, that consensus had eroded.
The Palestinian attacks put “a lot of tension on the military leadership and the soldiers who are put in situations where they are supposed to fight terror, protect themselves and comply” with the military’s values, said Yohanan Plesner, the president of the Israel Democracy Institute, in an interview at the time.The Palestinian attacks put “a lot of tension on the military leadership and the soldiers who are put in situations where they are supposed to fight terror, protect themselves and comply” with the military’s values, said Yohanan Plesner, the president of the Israel Democracy Institute, in an interview at the time.
During the trial, Sergeant Azaria’s commander testified that he had asked him who had authorized him to shoot the man in the head. The commander said that the sergeant had replied, “The terrorist was alive, and he has to die.”During the trial, Sergeant Azaria’s commander testified that he had asked him who had authorized him to shoot the man in the head. The commander said that the sergeant had replied, “The terrorist was alive, and he has to die.”
Prosecutors had asked for a prison sentence of three to five years. In addition to the 18 months, the panel sentenced Sergeant Azaria to a one-year suspended sentence. Judge Heller noted that the defendant had a clean record but also that he had not expressed any remorse for the killing. She said he “took it upon himself to be both judge and executioner.”Prosecutors had asked for a prison sentence of three to five years. In addition to the 18 months, the panel sentenced Sergeant Azaria to a one-year suspended sentence. Judge Heller noted that the defendant had a clean record but also that he had not expressed any remorse for the killing. She said he “took it upon himself to be both judge and executioner.”
Politicians, including Prime Minister Benjamin Netanyahu, have called for Sergeant Azaria to be pardoned, something that can be granted only by the chief of staff or by the president. Sergeant Azaria’s lawyers have said they would appeal any sentence.Politicians, including Prime Minister Benjamin Netanyahu, have called for Sergeant Azaria to be pardoned, something that can be granted only by the chief of staff or by the president. Sergeant Azaria’s lawyers have said they would appeal any sentence.
Reaction on Tuesday followed the divisions of the case.Reaction on Tuesday followed the divisions of the case.
“This is a sad day, a harsh sentence,” said Miri Regev, minister of culture and sport and a former brigadier general. “I ask the chief of staff once again to pardon warrior Elor Azaria.”“This is a sad day, a harsh sentence,” said Miri Regev, minister of culture and sport and a former brigadier general. “I ask the chief of staff once again to pardon warrior Elor Azaria.”
Samir al-Sharif, who identified himself as a family member of the slain man, said on Israel Radio: “We are tired of this. A person killed? What is a year and a half? Someone who kills someone by mistake on the road would be sentenced to a year and a half. How is it that a soldier who has a gun and kills a live person, he knew he was alive?”Samir al-Sharif, who identified himself as a family member of the slain man, said on Israel Radio: “We are tired of this. A person killed? What is a year and a half? Someone who kills someone by mistake on the road would be sentenced to a year and a half. How is it that a soldier who has a gun and kills a live person, he knew he was alive?”
Sari Bashi, director for Human Rights Watch in Israel and the Palestinian territories, said in a statement that, “Sending Elor Azaria to prison for his crime sends an important message about reining in excessive use of force.”Sari Bashi, director for Human Rights Watch in Israel and the Palestinian territories, said in a statement that, “Sending Elor Azaria to prison for his crime sends an important message about reining in excessive use of force.”
“But senior Israeli officials should also repudiate the shoot-to-kill rhetoric that too many of them have promoted, even when there is no imminent threat of death,” Ms. Bashi added. “Pardoning Azaria or reducing his punishment would only encourage impunity for unlawfully taking the life of another person.”“But senior Israeli officials should also repudiate the shoot-to-kill rhetoric that too many of them have promoted, even when there is no imminent threat of death,” Ms. Bashi added. “Pardoning Azaria or reducing his punishment would only encourage impunity for unlawfully taking the life of another person.”