Israeli military court convicts soldier who shot dead Palestinian Fatah al-Sharif as he was wounded and incapacitated.
by Al Jazeera
A military court has found an Israeli soldier guilty of manslaughter over the killing of a wounded Palestinian last year.
The court convened at the defence ministry building in Tel Aviv on Wednesday to issue the verdict in the high-profile case that raised questions over rules of engagement towards perceived threats by Palestinians.
A judge read out the court’s decision for more than two hours before announcing the verdict. The soldier, 20-year-old Elor Azaria, could now face a maximum 20 years in prison.
The March 24 shooting of Fatah al-Sharif, 21, as he lay overpowered on the ground was filmed by activists from the Israeli B’Tselem human rights group.
Al-Sharif and another Palestinian his age were shot as they allegedly lunged at an Israeli soldier guarding a checkpoint in Hebron in the occupied West Bank.
In the video, a combat medic, later identified as Azaria, raises and aims his rifle, then a shot is heard. The Palestinian’s head jolts, and he suddenly has what seems to be a fresh head wound.
Scuffles erupted outside the courtroom between supporters of the Israeli soldier and police officers before the verdict was announced.
Hundreds of demonstrators blocked a major Tel Aviv intersection near the courtroom and clashed with police. Journalists covering the demonstration said they were attacked by demonstrators.
Several people were arrested.
Victim’s family demands life sentence
The defendant has previously said he believed al-Sharif was wearing a bomb belt, but prosecutors cited “contradictions” in his testimony.
They said that an officer had earlier carefully turned over al-Sharif and his companion to check if they were wearing bomb belts.
At their home in Hebron, Sharif’s parents told Al Jazeera before the verdict that they would not accept anything other than a guilty verdict and a life sentence.
“He should be sentenced in this court like they do with Palestinians… life sentences, torture and then ending up dead lying in a refrigerator,” said Yusri al-Sharif, the victim’s father.
But according to a survey in August by the Israel Democracy Institute, 65 percent of the Jewish public supports Azaria and his claim of self-defence.
“Israel’s political leadership has also swayed with the majority,” Al Jazeera’s Andrew Simmons said.
“Avigdor Lieberman actively campaigned in support of Azaria and he has since been appointed defence minister by Benjamin Netanyahu, the prime minister.”
Naftali Bennett, education minister and a member of Israel’s far-right Jewish Home party, said before the verdict that the soldier should be pardoned if found guilty.
“That is whipping up a lot of reactions,” Simmons said. “There is a split in the Israeli public opinion on how army should act in [attack] situations. In the majority are those who feel that ‘terrorists’ who attack Israeli soldiers are fair targets.”
Shortly after the shooting, the Palestinian leadership demanded the United Nations investigate what rights groups have called Israel’s “extrajudicial killings”.
There have been previous accusations that Israeli forces killed wounded Palestinian attackers who no longer posed a threat.
In a memorandum sent to the Israeli authorities in September 2016, human rights group Amnesty International highlighted at least 20 cases of apparently unlawful killings of Palestinians by Israeli forces. In at least 15 of these cases those killed were deliberately shot dead, despite posing no imminent threat to life.
Since October 2015, Israeli soldiers and settlers have been responsible for the killing of at least 244 Palestinians, including unarmed demonstrators, bystanders and alleged attackers in an upsurge in violence.
Thirty-six Israelis have also been killed in mostly stabbing and shooting incidents carried out by Palestinians.
