What is the Trial of Israeli Soldier Elor Azaria?

W460

An Israeli court is expected on Tuesday to sentence Elor Azaria, a soldier convicted of manslaughter for shooting dead a wounded Palestinian attacker as he lay on the ground.

Who is Azaria and why does the case matter?

- What did Azaria do?

On March 24, 2016 French-Israeli Azaria, 21, was on a tour of duty in the southern West Bank, which Israel has occupied for 50 years.

Two Palestinians stabbed another soldier in the city of Hebron. One was shot dead and the other, Abdul Fatah al-Sharif, was wounded.

Several minutes after the attack Azaria, who was not present during the incident, arrived at the scene and shot Sharif in the head without any apparent provocation.

The incident was caught on video by a rights group and widely shared, with Palestinian leaders labeling it an "execution."

The Israeli military arrested Azaria and opened prosecutions.

- What happened at trial?

Over the course of the eight-month trial, Azaria's legal team argued he thought Sharif, 21, still posed a threat to the soldiers as he may have been wearing a suicide vest.

Conversely, they also argued he may already have been dead when he was shot by Azaria.

The prosecution said Azaria had shot Sharif on purpose without orders from his superiors and without provocation.

"I have read thousands of pages without ever finding in Israel or the world a single legal document that declares it legal to shoot at a person who has been shot and wounded for many minutes," prosecutor Nadav Weissman said in his summing up in November.

- What did the court find?

On January 4 the court found Azaria guilty of manslaughter, concluding there was no justification for his actions.

Judge Colonel Maya Heller called his testimony "evolving and evasive."

"His motive for shooting was that he felt the terrorist deserved to die," she said.

Later that month the prosecution asked for a sentence of three to five years. 

His family, however, pleaded for leniency, saying he had suffered enough during 10 months detained at a military base.

- How has it affected Israel?

The trial has deeply divided Israel, with right-wing politicians defending his actions despite top army brass condemning them.

Prime Minister Benjamin Netanyahu initially condemned the killing but later, under pressure from rightwing ministers, called Azaria's father in an act of support.

After the January conviction, Netanyahu controversially announced he supported pardoning Azaria.

Any decision on a pardon would be made not by Netanyahu but President Reuven Rivlin.

The army leadership, however, has argued it is important for the institution's reputation to punish those who transgress.

Comments 9
Thumb _mowaten_ 20 February 2017, 19:35

scumbags

Missing ArabDemocrat.com 20 February 2017, 20:52

Yes he is. But what does that say about you who support a regime that executed tens (if not hundreds) of thousands of people in Syria.

Thumb _mowaten_ 21 February 2017, 10:26

stop trying to compare what is not comparable. israel is invading and stealing Palestine, while Syria is defending itself against foreign-funded terrorists.

Thumb _mowaten_ 21 February 2017, 10:28

and your accusations are as fake as your crocodile tears, all based on politically motivated reports.

Thumb _mowaten_ 21 February 2017, 10:28

and your accusations are as fake as your crocodile tears, all based on politically motivated reports.

Default-user-icon Hats off (Guest) 21 February 2017, 11:09

Actually hats off for the Israelis for bringing the soldier to trial. you wont see that in any Arab country including Lebanon

Thumb _mowaten_ 21 February 2017, 12:17

the very reason these mockeries of trials happen is so that israelis can congratulate themselves all while continuing their massacres, land theft, arbitrary arrests, torture and other war crimes

Thumb _mowaten_ 21 February 2017, 12:18

more hats off here?
https://www.theguardian.com/world/2005/nov/16/israel2
"An Israeli army officer who fired the entire magazine of his automatic rifle into a 13-year-old Palestinian girl and then said he would have done the same even if she had been three years old was acquitted on all charges by a military court yesterday."

Thumb _mowaten_ 21 February 2017, 12:21

"In the recording, a soldier in a watchtower radioed a colleague in the army post's operations room and describes Iman as "a little girl" who was "scared to death". After soldiers first opened fire, she dropped her schoolbag which was then hit by several bullets establishing that it did not contain explosive. At that point she was no longer carrying the bag and, the tape revealed, was heading away from the army post when she was shot."