Israeli soldier gets 18 months in Palestinian assailant's death, less than requested

ByMOLLY HUNTER ABCNews logo
Tuesday, February 21, 2017

JERUSALEM -- A military court today sentenced Elor Azaria, the Israeli combat medic found guilty of manslaughter, to 18 months in prison, half the time requested by prosecutors.

The three-judge panel in Tel Aviv had last month found Azaria, 21, guilty of killing Abdul Fatah al-Sharif, an incapacitated Palestinian assailant in Hebron, in the occupied West Bank. The verdict included a description of the killing as "needless."

The military prosecution had asked for three to five years, but Azaria was sentenced today to the 18 months, starting March 5, which allows the defense enough time to submit an appeal. Initially, prosecutors had called for Azaria to be charged with murder, but it was downgraded to manslaughter, which carries a sentence of up to 20 years in Israel.

Azaria shot and killed Al-Sharif, 21, execution-style in Hebron March 24, 2016, after Al-Sharif allegedly attempted a stabbing attack.

Al-Sharif's family had hoped for a longer sentence, his father telling reporters at the family's home today, "A year and a half is a farce. What does a year and a half mean? Was he an animal to be killed like this, in this barbaric way?"

Chilling video captured by Israeli human rights organization B'Tselem shows Azaria cocking his weapon that day in March, taking aim and fatally shooting al-Sharif in the head after the Palestinian had already been critically wounded and lain motionless on the ground for 11 minutes without medical attention.

In the video, there's little reaction from Azaria's fellow soldiers, who are seen smoking and chatting before and after the shot rang out. Before the killing, the soldiers look unconcerned by the young man on the ground, having reportedly already disarmed al-Sharif of a knife.

When reading the verdict in January, presiding Judge Maya Heller dismissed every argument the defense brought, point by point, all but eliminating the possibility of an appeal, legal experts said.

"We found there was no room to accept his arguments," she said of Azaria.

Rejecting the argument that Azaria acted in self-defense, Heller was blunt: "The terrorist did not pose a threat."

Heller today said the judges found that Azaria's actions had harmed Israeli society, violating the "purity of arms" of the Israeli military's ethical code.

The trial has gripped Israelis, pitting the country's military brass against right-wing politicians and, for many, Azaria became somewhat of a national hero. Azaria's supporters gathered outside the court today, calling for him to walk free.

Heller, who received death threats after the verdict, noted the court took mitigating factors into consideration, saying the incident took place "in hostile territory" and "we took note of the harm suffered by his family," and adding that he had been an outstanding soldier.

She noted that he had not expressed remorse for his actions and that most judges on the tribunal wanted a more lenient sentence than the 30 to 60 months she preferred.

After today's sentencing, chief prosecutor Lt. Col. Nadav Weisman said, "We know this was a hard day for the accused, but justice needed to be done and justice was done." He added, "this sends a message to commanders."

After the judges left the room, the Azaria family sang a chorus of Hatikvah, the Israeli national anthem.

Right-wing politicians were quick to react. Education Minister Naftali Bennett, and leader of the far-right Jewish Home Party, immediately called for a pardon.

"Israel's security demands he be pardoned," Bennett said. "Elor was sent to protest Israelis at the height of a wave of Palestinian terror attacks. He cannot go to jail or we will all pay the price."

Culture Minister Miri Regev called it a "sad" day, saying ,"Elor should not sit a single day in prison beyond the time he has already served."

Azaria has been confined to a military base for the past 10 months, but only the nine days he spent in jail immediately after the killing will be deducted from his term, the judges ruled.

He was also given two suspended sentences -- one for 12 months and the other for six - and received a demotion in rank to private from sergeant.

Human Rights Watch cautiously praised today's decision, but warned against pardoning Azaria. "Sending Elor Azaria to prison for his crime sends an important message about reining in excessive use of force," it said.

"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. Pardoning Azaria or reducing his punishment would only encourage impunity for unlawfully taking the life of another person."

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