Azaria appeal rejected

THE most controversial army reservist in Israel has lost the appeal against his manslaughter conviction, meaning that to the shock of the right, he will serve a year and a half for killing a Palestinian terrorist.

Elor Azaria sitting with his parents in a courtroom at a Tel Aviv military base on Sunday. Photo: Flash 90/Avshalom Sasoni/JTA.
Elor Azaria sitting with his parents in a courtroom at a Tel Aviv military base on Sunday. Photo: Flash 90/Avshalom Sasoni/JTA.

THE most controversial army reservist in Israel has lost the appeal against his manslaughter conviction, meaning that to the shock of the right, he will serve a year and a half for killing a Palestinian terrorist.

Some 16 months after Elor Azaria shot an injured Palestinian terrorist, he is headed to jail after a court rejected his appeal. His supporters are presenting Sunday’s decision as a betrayal of an IDF solder, and his mother Oshra yelled in court that the state prosecutor, Nadav Weisman, is “evil incarnate”. The reservist’s father Charlie claimed that prosecutors are “castrating the army”.

As an army of conscripts the IDF words hard to keep morale among soldiers’ parents high, and the Azaria case has caused the most bitter clash between the military and a conscript’s family in recent memory. “Thank you to the IDF of 2017,” tweeted Adir Azaria sarcastically, writing that because of the military his brother is “without a future, without hope and without dreams”.

The case has seen a head-on clash between the military, which has been keen to send out a strong message that it won’t tolerate unauthorised killings, and political figures who argue the state should protect young soldiers who are put in hard situations. “The excellent soldier Elor Azaria should have been home long ago,” declared Miri Regev, Likud minister and former IDF spokeswoman after the appeal ruling.

Regev, like many other politicians, is determined that Azaria won’t serve out his sentence, and wants the Chief of Staff Gadi Eizenkot – who has already said that he will “seriously consider” a request for a reduced sentence if received – to give a pardon. Others want President Reuven Rivlin to pardon Azaria. Both men have the power to do so. Prime Minister Benjamin Netanyahu has already said that he will support a pardon, and reiterated on Sunday: “When the issue comes up for discussion, I will give my recommendation for a pardon to the relevant authorities.”

This week’s decision brought rare praise for the IDF from human rights groups, including the oftencritical Human Rights Watch. Its Israel representative Sari Bashi said: “Upholding the conviction of a soldier convicted of fatally shooting a man who posed no threat sends an important message about restrictions on lethal use of force.”

The reaction among opposition MKs pointed to just how big protests will be if Azaria is pardoned. “The message of the verdict is important,” said Lehava Galon, leader of the left-wing Meretz party, “The IDF will not be a militia and no legitimacy will be given to the morality of gangs.”

NATHAN JEFFAY

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