IDF Sgt. Elor Azaria was convicted of manslaughter Wednesday, Jan. 4, for the shooting death of a Palestinian terrorist in Hebron last March.
Azaria was caught on video by the B’Tselem organization shooting a terrorist who was lying on the ground and appeared to pose no immediate threat.
Justices rejected Azaria’s testimony that he believed the man, who had just stabbed a soldier at the site, was wired with a suicide belt and still posed a threat.
Justices said there was “no basis” to Azaria’s argument that he acted in self-defense.
“There was no immediate danger when the terrorist laid on the floor,” said Colonel Maya Heller, the lead justice on the case.
Military prosecutors argued that Azaria “violated standing IDF rules of engagement without military justification” and charged him with manslaughter.
The incident sparked an intense public debate in Israel, with senior politicians and military brass coming out fiercely both in support of and against the soldier.
Former Defense Minister Moshe Yaalon condemned the incident, IDF Spokesperson Moti Almoz described it as “very severe,” and IDF Chief of General Staff Gadi Eizenkot said the shooting “ran counter to the professional and ethical norms of behavior demanded of IDF troops.”
On the other hand, Education Minister Naftali Bennett called for Azaria to be pardoned. “There is no soldier who doesn’t know that it’s against the rules to shoot a neutralized terrorist. On the other hand, it is necessary to support our soldiers in the field who are risking their lives in the face of murderous terrorism,” Bennett said.
MK Nahman Shai (Zionist Camp) said:
“We should congratulate the military court. The verdict is not limited to the specific case of Elor Azaria. Rather, it sends a clear message to all IDF soldiers and commanders and it ensures that our founding values, and most of all our military ethics will continue to guide us like a light in the darkness . . . The IDF will continue to act ethically.”
Deputy Knesset Speaker Yoel Hasson said the entire trial was unnecessary because it was clear from the outset that Azaria had violated the IDF’s code of ethics.
“He should have been kicked out of the army shamefacedly and we would have saved Israeli society and the army this entire process.”
Minister of Culture and Sport, MK Miri Regev (Likud) called for amnesty for Azaria, and agreed with Hasson that the incident should never have led to a trial.
“I intend to work for Elor Azaria to be granted amnesty. This is a trial that should never have started. [It was a] military incident in which a terrorist was killed by the IDF. It should not have reached the criminal sphere.
“If Azaria violated military procedure, he should be called for a disciplinary hearing by the brigade commander.
“Unfortunately, the main court in the case was nothing more than field justice, where politicians and commentators passed judgment on Elor even before the end of the military investigation.
“This conduct sends a clear message to our soldiers: You are alone out there.
“Soldiers encounter difficult challenges, and this verdict essentially means the soldier is on his own.
“I want to support Elor Azaria and his family in these difficult times.”
MK Ayman Odeh (Joint List) praised the verdict, but added that the only difference between this incident and hundreds of others was the presence of a B’ Tselem camera.
“[Here we have seen] the brutal reality of the occupation documented and showed the [impact that the] occupation has on Israeli society. While it is clear that each soldier bears responsibility for his or her actions, the real responsibility here lies with successive Israeli governments that have chosen for 50 years to turn young men and women into soldiers whose main job it is to shore up military rule over a civilian population with no rights.”
Israel Radio reported that the Palestinian Authority dismissed the conviction, calling the process a “fictitious trial intended only to stem harsh reactions from the international community.”
The family of Abdel Fattah al-Sharif, the neutralized terrorist who stabbed a soldier before being killed by Azaria, said they would act with Palestinian officials in order to bring the case to the International Criminal Court in the Hague.
Sari Bashi, spokesperson for Human Rights Watch, also commended the verdict, but pointed out its position that the issue does not lie with a “rogue soldier” but of “senior Israeli officials who publicly tell security forces to unlawfully shoot to kill.
“Israeli officials — from the prime minister to the police minister to all branches of the military — should repudiate the shoot-to-kill rhetoric and clearly outline the limitations on using lethal force.”
Azaria plans to appeal the decision, according to his lawyers.
“There is no question that the evidence in this case points to a different outcome, and we will definitely appeal the decision. But it is a very sad day,” said Eyal Besserglick, a member of Azaria’s defense team.
Defense Minister Avigdor Liberman also said he was “unhappy” about the conviction, but he called on all Israelis to accept and respect the verdict.
“Whether you liked the decision or — like me — you were disappointed, we all must respect and honor the decision,” Liberman told reporters.
Following the verdict, protesters gathered in support of Azaria outside the military court in Tel Aviv.
With additional reporting from Andrew Friedman.
