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| The balance of deterrence. Eran Wolkowski Haaretz |
It makes no sense, despite what many think (including many right-wing politicians in the Knesset, who exploit this tragedy for their own political gain) and feels, that Azaria committed a brave act by shooting a dying or prone terrorist that posed no danger to anybody around him. Shooting a dying terrorist, when he poses no danger to anybody, is not an act of bravery, it is manslaughter as the Court had ruled. Had he shot the terrorist in self-defense or defending others from death or severe injury is bravery and deserving of citation. This is not the case here. Ruling politicians are doing a great disservice not only to Azaria, who did not express remorse for what he did but also to the IDF and to Elor Azaria's family. Even the defence lawyers are concerned about scoring points by appealing the sentence which is very lenient by all standards for their reputation and personal egos.
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| Baruch Marzel. (Photo credit: Wikipedia) |
The right wing extremists under Bayit Hayehudi and other extremists (many of whom have neo-fascist ideology) are becoming very powerful. This is also evident in the recent selection of conservative judges in the High Court. This was a heydey for the right wing, who are concerned with getting more votes in the next elections by unanimously requesting a pardon for Elor.
After Azaria was convicted of manslaughter in the case, several right-wing lawmakers, including Prime Minister Benjamin Netanyahu, had called for him to be pardoned.1.
UN Human Rights Spokesperson Ravina Shamdasani compares Elor Azaria's 18-month sentence for killing 'a wounded Palestinian' with three-year sentences given to Palestinian children for throwing stones; she declares that the case reinforces a 'culture of impunity.' This statement may be viewed as outrageous when we see that that the UN exhibits apathy to the genocide and slaughter going on in Syria and other Arab countries and condemns Israel for human rights abuses. However, this does not alter the fact that the sentence for manslaughter that Elor Azaria received was lenient.
We must also bear in mind that the relationship between the settlers in Hebron and the IDF is not in the best interests of the soldiers serving in that very explosive area. The right wing extremist settlers are over familiar with the soldiers and invite them over to their homes when they are off duty. Kahanist and Lehava extremists seem to rule the roost there and brainwash many off-duty soldiers in their ideology of hate for Palestinians. There seem to be two laws dominating the IDF soldiers serving in Hebron. There are IDF Protocol and the “very unofficial Hebron Settler Protocol” dominated by Kahanist and Lehava racists. It is significant to note that after Elior Azaria shot the prone terrorist, Baruch Marzel, the leader of the Kach Fascists came out of nowhere to shake Elor’s hand to congratulate him for his “heroic” act. Apparently, Elior and Marzel are good friends. What was Marzel doing in the area where the incident occurred?
“It's time to understand who's really in control in the occupied territories. Decades of occupation have transformed IDF units in the West Bank into an army that not only defends settlers but is also subject to their orders and instructions. Soldiers' testimonies in this report describe the close relations between settlers and the IDF in the West Bank along with settlers' involvement in, and influence on, military operations” according to a report by “Breaking the Silence” - an NGO maligned by the right wing Government Coalition and is forbidden to give lectures on their activities at educational institutions subsidized by the Education [Fabrication] Ministry in the hands of the extremist right-wing Bayit Hayehudi that has a right wing, religious settler-oriented agenda. It is viewed as “Fake News” (to use the President Donald Trump description of news and reports he does not want to hear or read). When an NGO devoted to human rights and truth reporting is maligned by the ruling government or administration as in the case of the US today, we must take their reports seriously.
There is a background promulgated by settler leaders that influenced the thinking of many soldiers serving in Hebron and dehumanised Elior to take the law into his own hands by carrying out the death sentence of the neutralised Palestinian terrorist 11 minutes after he was rendered harmless by the soldiers authorised to do so. There is no denying that this was the case.
Amnon Abramovich, the well-known Channel 2 commentator, wrote that the settler leaders should be put on trial and not Azaria.
The desire to score points with the right wing Israeli Electorate by high-ranking politicians in the Knesset to demand that Elior Azaria gets pardoned. This homicide has been turned into a hot potato political charade by the ruling right-wing coalition. The Chief-of-Staff of the IDF, Gadi Eizenkott, bravely stated that the IDF responsible bodies will make the decision on Elior Azaria and not the right-wing MKs.
Putting aside all the statements condemning Israel's Military Court leniency and the political capital made by the right wing political parties, the fact remains that Elor Azaria was convicted of homicide by shooting a prone terrorist, who was lying neutralized by the Israeli Security Forces for 11 minutes until Elor Azaria decided to add his shekel worth of bullets or bullet that killed him. This act, leaving politics aside (it is NOT a political matter), is a criminal offence and went against the army protocol of indiscriminate firing of weapons and the lenient sentence he received was probably because of powerful right-wing pressure on the judge behind the scenes that obviously affected her decision. The judge admitted that the offence was very serious. The punishment was light rather than fitting the crime committed. The right wing extremists under Bayit Hayehudi and other extremists many of whom have neo-fascist ideology are becoming very powerful. This is also evident in the recent selection of conservative judges in the High Court. This was a heydey for the right wing, who are more concerned with getting more votes in the next elections by unanimously requesting a pardon for Elor.
The interference of the Government in the judiciary is unhealthy and erodes Israel’s democracy. We have seen evidence of this in the nomination of four conservative judges to the High Court by the Bayit Hayehudi Minister of Justice, Ayelet Shaked.
1. 21 Feb. 2017, http://www.timesofisrael.com/politicians-call-for-hebron-shooter-azaria-to-be-pardoned/. Accessed 25 Feb. 2017.
1. 21 Feb. 2017, http://www.timesofisrael.com/politicians-call-for-hebron-shooter-azaria-to-be-pardoned/. Accessed 25 Feb. 2017.
