Posted tagged ‘Israeli military justice’

Eyewitness: Rammed Soldiers Hesitated to Shoot Fearing Court Martial (Graphic)

January 8, 2017

Eyewitness: Rammed Soldiers Hesitated to Shoot Fearing Court Martial (Graphic), The Jewish PressDavid Israel, January 8, 2016

truck-attackPhoto Credit: Screenshot

The tour guide who accompanied the IDF cadets on their visit to Armon Hanatziv in Jerusalem Sunday afternoon told Army Radio that they hesitated to shoot at that truck as it was speeding in their direction. He attributed their fateful pause to last week’s manslaughter conviction of Sgt. Elor Azaria by a military panel of judges for his shooting of a subdued terrorist in hebron.

Stopping just short of placing the blame for the four dead soldiers on the court, the tour guide said he was the only one shooting his handgun at the terrorist truck driver, and only after he had emptied his magazine did some cadets start shooting.

The tour guide spoke to Army Radio from the back of an ambulance, and sounded highly agitated. He said every IDF soldier has been keeping abreast of the Azaria trial and Thursday’s verdict affected them directly. “All they’re being told recently is – watch it,” he reiterated.

Moshe Aharon, a bus driver who was present at the scene of the attack told Army Radio: “A group of soldiers with their duffle bags were standing there, I just let them off the bus – when a truck came ramming into a group of the soldiers and ran over them. The soldiers shot at him and he ran over them a second time. He got to my bus, then switched to reverse and ran over them again.”

Four soldiers died and one was critically wounded in Sunday’s attack. A dozen more soldiers were wounded.

According to Channel 10 News, Arab passers by who witnessed the fatal attack stood and applauded.

The IDF’s New Social Contract

January 6, 2017

The IDF’s New Social Contract, Front Page MagazineCaroline Glick, January 6, 2016


Azaria is the first victim of a General Staff that has decided to cease serving as the people’s army and serve instead as B’Tselem’s army. The call now spreading through the Knesset for Azaria to receive a presidential pardon, while certainly reasonable and desirable, will likely fail to bring about his freedom. For a pardon request to reach President Reuven Rivlin’s desk, it first needs to be stamped by Eisenkot.

A pardon for Azaria would go some way toward repairing the damage the General Staff has done to its relationship with the public. But from Eisenkot’s behavior this week, it is apparent that he feels no need and has no interest in repairing that damage.


Sgt. Elor Azaria, who was convicted of manslaughter Wednesday for shooting a terrorist in Hebron last March, is a symptom of what may be the most dangerous threat to Israeli society today.

Azaria, a combat medic from the Kfir Brigade, arrived at the scene of an attack where two terrorists had just stabbed his comrades. One of the terrorists was killed, the other was wounded and lying on the ground, his knife less than a meter away from him.

A cameraman from the foreign-funded, Israeli- registered anti-Israel pressure group B’Tselem filmed Azaria removing his helmet and shooting the wounded terrorist. According to the military judges, the film was the centerpiece of the case against him.

The day of the incident, the General Staff reacted to the B’Tselem film with utter hysteria. Led by Chief of General Staff Lt.-Gen. Gadi Eisenkot and then-defense minister Moshe Ya’alon, Israel’s generals competed to see who could condemn Azaria most harshly.

For the public, though, the issue wasn’t so cut and dry. Certainly Azaria didn’t act like a model soldier. It was clear, for instance, that he acted without proper authority and that his action was not permitted under the rules of engagement then in effect in Hebron.

But unlike the IDF’s senior leadership, the public believed that the fact that it was B’Tselem that produced the film meant that it had to be viewed with a grain of salt.

The name “B’Tselem” was seared into the public’s consciousness as an organization hostile to Israel and dedicated to causing it harm with the publication of the UN’s Goldstone Commission Report in 2009. Among the Israeli-registered groups that provided materials to the biased UN commission charged with finding Israel guilty of war crimes during the course of Operation Cast Lead against Hamas in late 2008 and early 2009, B’Tselem made the greatest contribution.

The Goldstone Report cited B’Tselem as the source for its slanderous “findings” 56 times.

After the UN published the Goldstone Report, Michael Posner, the US assistant secretary of state for human rights, visited Israel and met with Jessica Montell, B’Tselem’s executive director at the time.

The US Embassy’s official report of their meeting was published by WikiLeaks.

During their meeting, Montell told Posner that her group’s goal in providing the Goldstone Commission with materials was to force the government to pay a heavy price for its decision to fight Hamas, by criminalizing Israel in the court of world opinion.

As B’Tselem saw it, Israel needed to come to the point where it would consider whether it could “afford another operation like this.”

Montell explained that from B’Tselem’s perspective the root of the problem with Israel is the Israeli public. The public is the source of Israel’s bad behavior, according to B’Tselem, because it “had zero tolerance for IDF killed.” As far as the public is concerned, she said, harm to Palestinian civilians is preferable to harm to IDF soldiers.

Since, in B’Tselem’s view, the public’s commitment to the lives of its soldiers meant that it would not constitute a “moral check on war,” and check the bellicosity of IDF commanders, it fell to B’Tselem to make the IDF brass and the government care more about world opinion than they care about what the public thinks.

The public’s condemnation of B’Tselem after its role in compiling the Goldstone Commission’s libelous accusations against the IDF was made public made no impression whatsoever on the group.

Following Operation Protective Edge in 2014, B’Tselem’s materials were cited 67 times by the report of the biased UN commission put together to slander Israel.

In 2007, B’Tselem launched its “Camera Program.”

The camera initiative involved providing video cameras to B’Tselem employees and volunteers in Judea and Samaria in order to document the actions of Israeli security forces and civilians in the areas.

In many cases, the videos B’Tselem produced distorted reality for the purpose of criminalizing both groups.

For instance, in 2011, B’Tselem gave a film to Ynet’s Elior Cohen that purported to show Israeli police brutally arresting a young Palestinian boy and preventing his mother from coming to the police station with him.

But as CAMERA showed at the time, B’Tselem’s portrayal of events was fanciful at best. In all likelihood, the event was staged by the B’Tselem photographer.

At the outset of the film the boy is unseen as he throws rocks at a police van. The boy is first seen as he runs toward the B’Tselem camerawoman. For her part, the camerawoman screams at the police and identifies herself as from B’Tselem.

The police are shown asking the boy’s mother repeatedly to join them in the car. As she stands poised to enter the vehicle, a Palestinian man is shown telling her in Arabic not to go.

In July 2016, B’Tselem released a film taken in Hebron during an attempted stabbing attack by a female Palestinian terrorist against Israel police at a security checkpoint outside the Cave of the Patriarchs.

The police reported that the terrorist tried to stab a policewoman who was checking her in an inspection room. Another policewoman shot and killed her.

B’Tselem claimed that its film proved that the female terrorist was shot for no reason. But the fact is that it does no such thing. As NGO Monitor noted, the B’Tselem film neither contradicts nor proves the police’s version of events.

Over the years, the public’s growing awareness of B’Tselem’s unwavering hostility went hand in hand with its growing distress over what was perceived as the IDF’s willingness to sacrifice the safety of troops to prevent it from receiving bad press.

For instance, in 2012, a film went viral on social media that showed a platoon of combat engineers fleeing from a mob of Palestinians attacking with rocks, Molotov cocktails and slingshots.

When questioned by reporters, the soldiers said that they had repeatedly asked their battalion commander for permission to use force to disperse the crowd and they were repeatedly denied permission.

Retreat was their only option.

In 2015, another film went viral showing a group of Palestinian women hitting and screaming at a soldier trying to arrest one of them for throwing rocks at his platoon. He did nothing as he absorbed the blows. And no harm came to the women who assaulted him.

Along with the films, came stories that soldiers on leave told their friends and family about the IDF’s rules of engagement. The tales were always the same. The rules of engagement are so restrictive that all initiative is placed in the hands of the enemy. Not only can terrorists attack at will. They can flee afterward and expect that no harm will come to them, because what is most important, the soldiers explain, is to ensure that IDF maintains its reputation as the most moral army in the world.

This was the context in which Azaria killed the wounded terrorist.

Although the headlines relate to Azaria, and his family members have become familiar faces on the news, the fact is the reason the Azaria affair was the biggest story of the year is that it really has very little to do with him.

There are three forces driving the story.

First of course, there is B’Tselem.

B’Tselem’s produced the film to advance its goal of obliging Israel’s national leadership, including the IDF brass, to care more about “world opinion” than about the opinion of Israeli citizens.

Second then, is the pubic that cares more about the lives of IDF soldiers than about what the world thinks of it.

Finally, there is the IDF General Staff that is being forced to pick which side it stands with.

Since Israel was established nearly 70 years ago, the relationship between the IDF and the public has been based on an often unstated social contract.

From the public’s side, Israel’s citizens agree to serve in the IDF and risk their lives in its service.

Moreover, they agree to allow their children to serve in the military and to be placed in harm’s way.

From the IDF’s side, the commanders agree to view the lives of their soldiers as sacrosanct, and certainly as more precious than the lives of the enemy and the enemies’ society.

The third side is the General Staff. In the years leading up to the Azaria affair the generals were already showing disturbing signs of forgetting their contract with the public.

The films of fleeing soldiers and the rules of engagement weren’t the only signs of our military leadership’s estrangement.

There were also the promotions given to radical lawyers to serve in key positions in the Military Advocate-General’s unit, and the red carpet treatment given to radical leftist groups like B’Tselem that were dedicated to criminalizing soldiers and commanders.

Since the shooting in Hebron, the General Staff’s treatment of the public has become even more disdainful.

Ya’alon and Eisenkot and his generals have repeatedly offended the public with comparisons of “IDF values” with alleged processes of barbarization, Nazification and ISIS-ization of the public by the likes of Azaria and his supporters.

If there was a specific moment where the military brass abandoned its compact with society once and for all, it came on Tuesday, the day before the military court convicted Azaria of manslaughter. In a speech that day, Eisenkot insisted that IDF soldiers are not “our children.” They are grownups and they are required to obey the orders they receive.

By making this statement the day before the verdict in a case that pitted society against the General Staff, which sided with B’Tselem, Eisenkot told us that the General Staff no longer feels itself obligated by a sacred compact with the people of Israel.

Azaria is the first victim of a General Staff that has decided to cease serving as the people’s army and serve instead as B’Tselem’s army. The call now spreading through the Knesset for Azaria to receive a presidential pardon, while certainly reasonable and desirable, will likely fail to bring about his freedom. For a pardon request to reach President Reuven Rivlin’s desk, it first needs to be stamped by Eisenkot.

A pardon for Azaria would go some way toward repairing the damage the General Staff has done to its relationship with the public. But from Eisenkot’s behavior this week, it is apparent that he feels no need and has no interest in repairing that damage.

As a result, it is likely that Azaria will spend years behind bars for killing the enemy.

Moreover, if nothing forces Eisenkot and his generals to their senses, Azaria will neither be the last nor the greatest victim of their betrayal of the public’s trust.

It’s all on Azaria’s shoulders

January 4, 2017

It’s all on Azaria’s shoulders, Israel Hayom, Dror Eydar, January 4, 2017

(Please see also, The Azaria trial and the rift over orders to shoot. — DM)

In July 1988, a terrorist attacked Yossi Hadassi, a soldier who had enlisted just three months earlier. Hadassi grappled with the terrorist and managed to kill him. He was awarded a citation of merit from the commander of the Engineering Corps.

Then the media hunt began, backed by the self-righteous Left, which accused the soldier of murder. On May 30, 1989, Yossi Hadassi committed suicide.

That week, the poet Naomi Shemer published a message in Yedioth Ahronoth: “The soldier Yossi Hadassi killed his attacker, and a year later killed himself. It wasn’t only Yossi Hadassi who committed suicide; an entire nation is committing suicide. An entire country is defending itself as its investigators, police, and poets drive it mad and convince it that it is a predatory wolf, Goliath, a monster. The intifada is the prelude and the excuse for the destruction of Israel. We are all Yossi Hadassi.”

Hadassi’s fate touched me. Naomi Shemer’s courage touched me, too. She published her message after a decade in which her work had been viciously attacked because she was “right-wing.”

I was reminded of that piece when the Azaria affair broke. We’ve thrown all the problems in Israeli society, the disagreement rooted in debate between Left and Right and the 100-year-old conflict between us and our neighbors, on to the bowed back of the young soldier. The mechanism of national suicide camouflaged as morality, too.

No, I’m not arguing that Azaria acted rightly. I don’t know how I would have acted in his situation. But even if I don’t think he’s a hero, it’s clear that he’s no murderer, and that what I’ve written. He certainly should not have been put on trial; the matter should have ended with a disciplinary hearing in his unit. And he certainly should not have to carry the weight of Israel’s foreign relations and the IDF’s ethical code and the discussions that have used him as a beast of burden. Sgt. Elor Azaria killed a terrorist. The craziness around his case has to do with the accursed insanity and politicization of the public discourse.

Like Hadassi, Azaria comes from a humble family on which the uncompromising interest and self-righteousness of some of us came crashing down out of the clear blue sky and threatened to crush. No mercy was shown to Hadassi, may he rest in peace, or to Azaria, may he live a long life. But unlike the 1980s, this time there is social media, which was able to help and support him. That’s some comfort. Back then, I couldn’t help Yossi Hadassi, but today I can express my own opinion wholeheartedly: We are all Elor Azaria.

The Azaria trial and the rift over orders to shoot

January 4, 2017

The Azaria trial and the rift over orders to shoot, DEBKAfile, January 4, 2017

(What is the standard for Israeli military tribunals? Proof “beyond a reasonable doubt” or something less? — DM)


DEBKAfile’s military analysts note that the controversy reflects long efforts to introduce politics – or a brand of political correctness – into IDF decision-making. Soldiers are under orders to shoot terrorists in the heat of an attack – that is not in question, but since the Azaria affair, the army under Gen. Eisenkott, is working on refinements, such as when it is permissible and when it is not.


All three judges of an Israeli military court Wednesday, Jan. 4, unanimously found Sgt. Elor Azaria guilty of manslaughter for the fatal shooting of an injured terrorist in Hebron in March 2016, after an attack on soldiers. The conviction was announced after a three-hour reading of the verdict by the lead judge, Col. Maya Heller. The court threw out the entire case for the defense in favor of the testimony given by the commanders at the scene of the incident and the prosecution. The cause of the terrorist’s death was judged to be the bullet Sgt. Azaria fired to his head, although the court ruled that there was no danger of the terrorist continuing his attack. Nor was the suspicion of the accused that he concealed explosives confirmed after the fact.

According to the verdict, Azaria was motivated purely by revenge for the terrorist’s attempt to stab his friend. Col. Heller rejected arguments that the court was influenced by social, political or military controversy surrounding the case and stressed that it was guided solely by the facts of the case. The convicted soldier’s lawyer said he would appeal the verdict. Sentence is to be announced at a later date.

Outside the court, hundreds of protesters demonstrated against the Hebron soldier’s trial.

Seven months ago, Sgt. Elior Azaria was put on trial before a three-judge panel of the Jaffa Military Court. He was charged with manslaughter for shooting dead in March last year a Palestinian terrorist, who had attacked soldiers with a knife and was already shot and injured.

Release of the videotape which showed the terrorist lying prone on the ground but still alive when Azaria came on the scene went viral and made the case a cause célèbre.

The trial turned on the question of whether the terrorist was immobilized or still posed a threat. The popular controversy on this question led to Moshe Yaalon’s resignation as defense minister, after he argued that Azaria, then 19, was out of line and should stand trial for murder.

He was supported by the incumbent chief of staff, Lt. Gen. Gady Eisenkott.

Azaria’s family mounted a popular campaign to justify his actions, claiming that he acted in the conviction that he was saving lives. His conduct was backed by many uniformed men through the social media, and a number of former generals volunteered to testify in his defense.

DEBKAfile’s military analysts note that the controversy reflects long efforts to introduce politics – or a brand of political correctness – into IDF decision-making. Soldiers are under orders to shoot terrorists in the heat of an attack – that is not in question, but since the Azaria affair, the army under Gen. Eisenkott, is working on refinements, such as when it is permissible and when it is not.

Both Yaalon and Eisenkott went overboard in their attempt to improperly influence the course of the military trial sub judice by public statements disparaging the accused soldier.

Last week, in pursuance of this campaign, the former defense minister appeared before 1,000 18-year olds about to join the army for three years of compulsory service. First, he rehashed the events leading up to Azaria’s action and his own resignation.

On March 24, he said, two terrorists came up to the Gilbert checkpoint at Tel Romeida in Hebron and started stabbing a soldier and officer who were manning it. But then, Yaalon burst out:  “If we don’t preserve our human values, the IDF will be no better than Daesh!” the implication being that Azaria was no better than an Islamist State killer.

This was a move to prejudge the trial and sway the three military judges, just in case they were persuaded that Azaria was not trigger-happy but had shot the prone terrorist in the belief that as a soldier it was his duty to protect the immediate environment from further menace.

The chief of staff had his say on Tuesday, Jan. 3, the day before the court was to hand down its verdict. He declared that he had a duty to “preserve IDF values.”

Our military analysts have searched in vain the IDF military codebook for a definition of “IDF values” among the often contradictory orders of when to open fire. They wonder how a young conscript serving at a checkpoint -and knowing he is the target at any moment for a sudden knifing, shooting, bombing or vehicular attack – can be expected to decide on the spot which “military values” to apply.

In his basic training, he is taught that his duty as a soldier is to fight the enemy and protect civilians. Confusion at the vital moment of an attack could cost precious lives.

However, Yaalon and Eisenkott have made it crystal clear that, regardless of the verdict handed down by a court after a long trial and exhaustive questioning of a flock of witnesses – both for the defense and the prosecution – they are determined to perpetuate the divisive, politically-tainted controversy in the country and its armed forces.