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The Independent UK
The Independent UK
World
Bethan McKernan

Israeli soldier convicted of manslaughter in shooting of wounded Palestinian

An Israeli soldier who shot and killed an immobilised Palestinian assailant as he lay on the ground has been convicted of manslaughter by a Tel Aviv military court. 

The 21-year-old attacker, Abdel Fateh al-Sharif, was shot and wounded after attempting to stab an Israeli soldier in the incident in Hebron last year.

As he lay on the ground, Sergeant Elor Azaria, who arrived on the scene 12 minutes later, shot him in the head.

The killing was captured on video and widely shared by human rights activists.

The controversial trial has dragged on for months, centering as it does on Sgt Azaria’s mental state at the time - and the extent to which the judges found him to be acting out of self-defence or revenge.

Sgt Azaria was “aware” that his actions in shooting the wounded Palestinian assailant would result in loss of life, Justice Maya Heller said, and that “the terrorist did not pose a threat,” in a damning verdict which dismissed the soldier's defence case. 

The Israeli Defence Force (IDF) medic, now 20, did not act in accordance with army protocol, the three-judge panel found, and the claim that he felt threatened during the incident was not justified. 

Manslaughter carries a prison sentence of up to 20 years under Israeli law. Sgt Azaria will be sentenced on a later date and can appeal both the conviction and sentence to the Military Appeals Court.

Protesters supporting the soldier's case outside the court appeared deflated by the decision, which makes Sgt Azaria the first member of the IDF to be convicted of the charge in 12 years. 

More than 150 Palestinians have been fatally shot on suspicion of carrying out terrorist attacks since October 2015, Human Rights Watch (HRW) noted.

"Today’s conviction is a positive step toward reining in excessive use of force by Israeli soldiers against Palestinians,” said Sari Bashi, the organisation's Israel advocacy director. 

Before the verdict was handed down there were already calls to pardon the 20-year-old, including from high level politicians such as Justice Minister Ayalet Shaked and Education Minister Naftali Bennett. 

Defence Minister Avigdor Lieberman described the decision as a "tough verdict", but called on those who did not like it to "respect the ruling and keep the peace." 

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