BICOM

A military court on Sunday rejected the appeal of Sgt Elor Azaria, who killed an incapacitated Palestinian assailant last year in Hebron.

The judges voted three-to-two to keep in place the original sentence of 18 months in prison.  The minority had sought a harsher punishment.

The court president Maj. Gen. Doron Piles summarised: “The unnecessary or disproportional use of a weapon is forbidden and immoral, is ineffective and even harmful. The IDF is the organised military of a country that operates according to law.  Soldiers must not settle accounts with terrorists after the danger from them has passed. That is the role of the law enforcement system.”

He went on to say that “the appellant did not accept responsibility for his actions and did not express a trace of reflection or doubt. The defence’s appeal of the sentence was therefore denied by all the judges. The extent of the harm to values because of the acts of the defendant is very large. This is not the way of the State of Israel; it is not the way of the IDF.”

Azaria came to court Sunday from his home in Ramle, where he has been under house arrest since his release from the army two weeks ago.

The defence now has a number of options before it. The case could be taken to the Supreme Court, where the defence could again appeal for a stay on the imposition of Azaria’s sentence. The prosecution is expected to object to this request, as it did when the appeal was first filed.

Alternatively, Azaria could seek for a reduction of his sentence. If he does so, IDF Chief of Staff Gadi Eisenkot will make a decision based on the opinion of the military prosecution. For that to happen however, Azaria would have to declare that he takes responsibility for his actions.

The third option would be for Azaria to seek a Presidential pardon, in which case President Reuven Rivlin would ask for the opinion of the military advocate general, the head the IDF Manpower Directorate, Eisenkot and Defence Minister Avigdor Lieberman.

Prime Minister Netanyahu, Defence Minister Lieberman and several Likud MKs have also made comments supportive of a pardon for Azaria, and IDF Chief of Staff Eisnekot indicated he would consider a lighter sentence if consulted.