Israel – Trial Of Hebron Shooter: IDF Soldier Denies Manslaughter Charge

Israel – The “Hebron shooter,” Elor Azaria, on Monday denied all of the manslaughter allegations against him for shooting Abdel Fatal al-Sharif in Hebron on March 24 after he had attacked security forces but was then neutralized.

The incident was picked up on a video distributed by B’Tselem, went viral online and has dominated the airwaves with a war of words over Azaria’s guilt or innocence.

It has pitted outgoing defense minister Moshe Yaalon and IDF Chief-of-Staff Lt. Gen. Gadi Eisenkot, who condemned Azaryah, against incoming defense minister Avigdor Liberman and various politicians on the Right, who say they rushed to judgment.

Many analysts even cite a dispute over the issue between Ya’alon and Prime Minister Benjamin Netanyahu as the beginning of the break-down in their relationship which is about to culminate with Liberman replacing Ya’alon.

Azaria’s denial before the Jaffa Military Court included a claim of self-defense and blasting the IDF Prosecution for what his lawyers called arbitrary enforcement.

According to Azaria’s lawyers, he thought that shooting al-Sharif was the only way to save his life and the lives of nearby soldiers, thinking that al-Sharif was about to attack with a knife and an explosive belt.

Further, he felt the danger to his life was imminent and that the IDF has singled him out for harsh treatment for non-legal reasons despite having let other soldiers off in the past for similar conduct with only a letter of censor and no criminal allegations.

Also, on Monday, Judge Lt. Col. Yogev Yifrach was replaced by Judge Lt. Col. Yaron Sitvon on the three military judge panel when the defense objected that he was too close with key prosecution witness IDF Col. Yariv Ben Ezra, Azaria’s top commanding officer.

Sitvon joins judges Col. Maya Heller and Lt. Col. Carmel Vahavi on the panel.

According to the indictment. the incident started around 8:00 a.m. when two Palestinians, al-Sharif and Ramzi Aziz Mustafa Kusrawi, attacked Sec.-Lt. M.S. and Cpl. A.V. at the Jilbar checkpoint in Hebron.
Responding to the attack, M.S. and A.V. shot and killed Kusrawi, and seriously injured al-Sharif who had stabbed and injured A.V.

Reports have indicated Azaryah arrived about six minutes later, with the indictment stating that he arrived on the scene “a few minutes later” as a medic and initially attended to A.V.’s wounds.

Next, Azaryah spent a few minutes in the area uneventfully.

Subsequently, Azaryah retrieved his helmet which he had placed on the ground.

He handed it to a fellow soldier, took a few steps toward al-Sharif, set his gun ready to fire and fired one shot into his head killing him instantly.

The indictment also stated that Azaryah fired on the Palestinian “against the rules of engagement, with no military necessity, at a moment when the terrorist al-Sharif was lying on the ground, was not engaging further attacks and did not constitute an immediate danger to the defendant, to the civilians or to the soldiers in the area.”

An autopsy established that Azaria’s shot caused al-Sharif’s death, though the defense hinted that they may contest this issue during the trial as well.