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IDF soldier convicted of severe intentional harm and obstruction of justice
Wednesday 18/05/2005 22:19

Military court sentences soldier to a year and a half imprisonment for shooting without necessity and in violation of the rules of engagement.

On the 5th of May, 2005, after a nine-month trial, the Military Court of the southern judiciary region convicted an IDF soldier from the desert reconnaissance brigade of severe intentional harm and obstruction of justice, concluding that the soldier opened fire unjustifiably, and in violation of the rules of engagement.
The incident in question took place on October 19th, 2003, during which an IDF sergeant, who was acting as the commander of an IDF outpost near Rafah in the southern Gaza Strip, identified a Palestinian man on the roof of a house in the first row of houses in Rafah. An additional soldier at the outpost identified the Palestinian holding a ladder and leaning it against the antenna of the roof of the house. The Palestinian then climbed the ladder, facing the antenna. The outpost commander fired once at the Palestinian and immediately after the shooting the Palestinian held his leg and fell from the ladder.

The court convicted the commander of the post of causing severe intentional harm, for shooting at a Palestinian without necessity and in violation of the rules of engagement, with the intention of hitting him. Additionally, the commander of the post was convicted of obstructing the judicial process by giving a false statement to his commanding officers and to the operations headquarters, claiming he had shot an armed Palestinian. He was sentenced to one and a half years imprisonment, plus a suspended sentence of one year and demotion to the rank of private.

The court rejected the commander's version of events, according to which he fired towards an armed Palestinian, and ruled that his testimony was unreliable, without reason and filled with contradictions.
The court ordered the acquittal of the second soldier due to reasonable doubt on charges of causing severe intentional harm and obstructing the judicial process. The court ruled that even though there were questions that arose from the second soldier?s testimony, there was still sufficient doubt as to his involvement in the charges pressed against him.

Yesterday, May 18th, 2005, the sentencing of the soldier in question was passed. The military court decided to impose a severe and befitting punishment on the soldier, in light of the immoral nature of his actions, his breach of trust, and the stain that he has left on the image of the IDF and its soldiers.