7 feb 2017
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“Dear Friends,
Last week we published a new report addressing the relations between settler and the IDF: “The High Command – Settler influence on IDF conduct in the West Bank.” The report was written following a comprehensive research and in the context of the contentious public debate surrounding the shooting incident in Hebron in March 2016, when IDF soldier Elor Azaria shot and killed a neutralized terrorist. Footage from the incident exposed the public, among other things, to the influence settlers had on the conduct of IDF soldiers and commanders in the scene. |
However, we, at Breaking the Silence, are already familiar with this aspect of the occupation’s mechanisms. From hundreds of soldiers’ testimonies we have collected since the organization was founded until this day, it is clear to us that when it comes to settler involvement in IDF conduct, what was demonstrated in the footage of the shooting incident in Hebron is not at all exceptional.
After the footage of the Hebron shooting incident went public, we appealed [PDF] to the IDF Chief of Staff. By suggesting a detailed analysis of the relationship between settlers and the IDF, supplemented by a collection of testimonies that touch on the subject, we wished to bring to his attention the extant and severity of this phenomenon and its consequences.
The IDF Chief of Staff’s response [PDF] was thoughtful and detailed, yet revealed disturbing gaps between the official commands and procedures (as presented in the response) and the reality on the ground.
Our correspondence with the IDF Chief of Staff’s bureau made it clear to us that there is a need for a thorough and up-to-date research on the matter, and that its conclusions must be shared with the public. The current report is the result of this research.”
The full report >>[PDF]
Click for more info on this report via the original article, at the official website of Breaking The Silence.
Breaking the Silence is an organization of veteran combatants who have served in the Israeli military since the start of the Second Intifada, and have taken it upon themselves to expose the Israeli public to the reality of everyday life in the Occupied Territories.
They endeavor to stimulate public debate about the price paid for a reality in which young soldiers face a civilian population on a daily basis, and are engaged in the control of that population’s everyday life. Their work aims to bring an end to the occupation.]]
After the footage of the Hebron shooting incident went public, we appealed [PDF] to the IDF Chief of Staff. By suggesting a detailed analysis of the relationship between settlers and the IDF, supplemented by a collection of testimonies that touch on the subject, we wished to bring to his attention the extant and severity of this phenomenon and its consequences.
The IDF Chief of Staff’s response [PDF] was thoughtful and detailed, yet revealed disturbing gaps between the official commands and procedures (as presented in the response) and the reality on the ground.
Our correspondence with the IDF Chief of Staff’s bureau made it clear to us that there is a need for a thorough and up-to-date research on the matter, and that its conclusions must be shared with the public. The current report is the result of this research.”
The full report >>[PDF]
Click for more info on this report via the original article, at the official website of Breaking The Silence.
Breaking the Silence is an organization of veteran combatants who have served in the Israeli military since the start of the Second Intifada, and have taken it upon themselves to expose the Israeli public to the reality of everyday life in the Occupied Territories.
They endeavor to stimulate public debate about the price paid for a reality in which young soldiers face a civilian population on a daily basis, and are engaged in the control of that population’s everyday life. Their work aims to bring an end to the occupation.]]
31 jan 2017
Shbeirah was present near the scene where Lior Azaria shot and killed Abdul-Fatah al-Sharif, 21, in Hebron in March 2016.
A cellphone video captured the shooting, in which a combat medic, later identified as Elor Azaria, raises and aims his rifle, and a shot is heard. The Palestinian’s head jolts, and he suddenly has what seems to be a fresh head wound.
Although the Israeli military initially claimed the 21-year old victim had an ‘explosive belt’, they withdrew that obviously false claim – and their claim that the young man lunged toward soldiers with a knife was also called into question by video footage showing a soldier kicking a knife toward the body of al-Sharif.
In the testimony given by his commanding officer in Azaria’s trial, Colonel David Shbeirah stated that Azaria had been depressed prior to the incident, and had been impacted by the stress of his job.
But some critics have pointed out that the blaming of the individual soldier who fired the shots could be an attempt to avoid having any charges filed against higher officers in the battalion, like Shbeirah himself.
The Israeli human rights organization B’Tselem has pointed out that the case of Sgt. Azaria is extremely unusual, in that most Israeli soldiers who shoot unarmed Palestinians go unpunished. But what is far more grave, the organization continued, is that the open-fire policy has the full backing of senior civil and military officials.
Israeli law enforcement authorities, both military and civilian, prefer not to deal with these cases, instead, shutting their eyes to this reality, thereby granting it legitimacy and enabling it to carry on.
The case of Colonel Amry Bourberj is a case-in-point of the B’Tselem report. Since shooting and wounding Ashraf Abu Rahma, a non-violent protest organizer, in the leg in 2008 in an incident caught on video, Bourberj has faced no punishment and has instead received accolades and promotions.
Most recently, he was promoted in the Tactical Leadership Academy on the same day that Colonel Shbeirah received his promotion.
A cellphone video captured the shooting, in which a combat medic, later identified as Elor Azaria, raises and aims his rifle, and a shot is heard. The Palestinian’s head jolts, and he suddenly has what seems to be a fresh head wound.
Although the Israeli military initially claimed the 21-year old victim had an ‘explosive belt’, they withdrew that obviously false claim – and their claim that the young man lunged toward soldiers with a knife was also called into question by video footage showing a soldier kicking a knife toward the body of al-Sharif.
In the testimony given by his commanding officer in Azaria’s trial, Colonel David Shbeirah stated that Azaria had been depressed prior to the incident, and had been impacted by the stress of his job.
But some critics have pointed out that the blaming of the individual soldier who fired the shots could be an attempt to avoid having any charges filed against higher officers in the battalion, like Shbeirah himself.
The Israeli human rights organization B’Tselem has pointed out that the case of Sgt. Azaria is extremely unusual, in that most Israeli soldiers who shoot unarmed Palestinians go unpunished. But what is far more grave, the organization continued, is that the open-fire policy has the full backing of senior civil and military officials.
Israeli law enforcement authorities, both military and civilian, prefer not to deal with these cases, instead, shutting their eyes to this reality, thereby granting it legitimacy and enabling it to carry on.
The case of Colonel Amry Bourberj is a case-in-point of the B’Tselem report. Since shooting and wounding Ashraf Abu Rahma, a non-violent protest organizer, in the leg in 2008 in an incident caught on video, Bourberj has faced no punishment and has instead received accolades and promotions.
Most recently, he was promoted in the Tactical Leadership Academy on the same day that Colonel Shbeirah received his promotion.

Prosecutor in the trial of Elor Azaria to request a reduced sentence, claiming 'we need to see things in a balanced manner'; defense requests that Azaria serve no days in prison, or a maximum of 2 years.
The Military Advocate General is set to ask the Military Court for the lower limit of the penalty range, between three and five years, for Elor Azaria, who was convicted about a month ago of manslaughter and inappropriate conduct, after shooting a neutralized terrorist in Hebron a year ago.
They are also going to demand Azaria's demotion to the rank of private and a probation period.
"The court issued a detailed, unequivocal verdict, which sent a clear message to the military and to society with regard to appropriate norms of operation," said the prosecutor. "The punishment deals with a more extensive range of topics than those discussed in the verdict, including damaged values in the overall circumstances surrounding the case. It also establishes a defense to criminal liability for the defendant, his family, and so on."
The prosecutor, Lt. Col. Nadav Weisman, stated that the "court determined the shooting as intentional based on the terrorist's prior actions and not out of a sense of danger to himself. These statements depict a high degree of culpability. The defendant operated with intent, which is the highest degree of criminal offense and the court established that."
He added that "Azaria put himself in the position of judge and jury and executed his decision, which is extremely serious and has very few precedents, a fact that is a contravention of the the rule of law. No man is authorized to do that. The Supreme Court determined that the blood of a violent criminal is no more crimson than the blood of others. The defendant abused his power and authority and his presence at the scene for an erroneous objective. The defendant damaged the military operation."
"At the same time," Weisman continued to emphasize his point, "it is quite clear that the committed felony was not the result of premeditation, rather a malicious spur of the moment afterthought following a terror attack in which his close friend was injured.
"The defendant was not wrong in considering the terrorist dangerous. He shot the terrorist because he had attacked his friends and wounded one of them, but we are uncertain as to the precise moment in which the defendant formed his criminal intent. It is possible to give him the benefit of the doubt and presume that it was an immediate, spur of the moment decision. The fact that the blood of Azaria's friend was still fresh on his hands may be taken into consideration."
Speaking briefly before the judges panel, Sgt. Elor Azaria said, "After ten months of torture inflicted on myself and my family, which has fallen apart, I ask that the court to sentence me in the spirit of leniency."
Azaria was described by his commanders as a quiet introvert with no prior convictions, who always followed his orders in a calm and quiet manner, he pointed out.
Earlier today, Col. Guy Hazut, Kfir brigade commander stated in his testimony during Azaria's trial that "Elor is not my enemy." Hazut said this following his conversation three weeks ago with the soldier's father, Charlie, who had recorded the conversation, leading to tumultuous proceedings.
"This is my fighter, my soldier, Elor shouldn't do 20 years in prison, nor ten years, and not even seven years. This is an unusual occurrence and he was an excellent soldier," said Hazut.
Last week, the judges led by Col. Maya Heller listened for the first time to the full conversation between Hazut and Azaria's father. The conversation took place in the Zrifin military base after Azaria's conviction. The judges dubbed the conversation as "disturbing" and "a dark cloud that needs to be removed for the sake of public interest," while the defense counsellors claimed it was an illegal action and that it may disrupt court proceedings.
At the beginning of his testimony, Col. Hazut said to the defense attorneys: "I felt strange over needing to meet with you. On record, you were overtly proud for setting me up in the last few weeks. I am a colonel and commander, Elor is not my enemy. He is under my command and is still wearing the brigade's barrette."
The colonel added that Azaria was chosen to serve as a Battalion medic, a position given for excellence in performance.
Azaria's family was visibly upset throughout the proceedings, but Azaria himself let a tiny smile slip following the prosecution's request for a reduced sentence.
For their part, Azaria's defense team requested from Judge Heller that Azaria receive either no days in prison, or one lasting for anywhere up to two years. Furthermore, they asked that the days he had already spent on his military base throughout the protracted trial be considered as part of any prison sentence handed down.
Azaria's sentence is due to be handed down during the second half of February.
The Military Advocate General is set to ask the Military Court for the lower limit of the penalty range, between three and five years, for Elor Azaria, who was convicted about a month ago of manslaughter and inappropriate conduct, after shooting a neutralized terrorist in Hebron a year ago.
They are also going to demand Azaria's demotion to the rank of private and a probation period.
"The court issued a detailed, unequivocal verdict, which sent a clear message to the military and to society with regard to appropriate norms of operation," said the prosecutor. "The punishment deals with a more extensive range of topics than those discussed in the verdict, including damaged values in the overall circumstances surrounding the case. It also establishes a defense to criminal liability for the defendant, his family, and so on."
The prosecutor, Lt. Col. Nadav Weisman, stated that the "court determined the shooting as intentional based on the terrorist's prior actions and not out of a sense of danger to himself. These statements depict a high degree of culpability. The defendant operated with intent, which is the highest degree of criminal offense and the court established that."
He added that "Azaria put himself in the position of judge and jury and executed his decision, which is extremely serious and has very few precedents, a fact that is a contravention of the the rule of law. No man is authorized to do that. The Supreme Court determined that the blood of a violent criminal is no more crimson than the blood of others. The defendant abused his power and authority and his presence at the scene for an erroneous objective. The defendant damaged the military operation."
"At the same time," Weisman continued to emphasize his point, "it is quite clear that the committed felony was not the result of premeditation, rather a malicious spur of the moment afterthought following a terror attack in which his close friend was injured.
"The defendant was not wrong in considering the terrorist dangerous. He shot the terrorist because he had attacked his friends and wounded one of them, but we are uncertain as to the precise moment in which the defendant formed his criminal intent. It is possible to give him the benefit of the doubt and presume that it was an immediate, spur of the moment decision. The fact that the blood of Azaria's friend was still fresh on his hands may be taken into consideration."
Speaking briefly before the judges panel, Sgt. Elor Azaria said, "After ten months of torture inflicted on myself and my family, which has fallen apart, I ask that the court to sentence me in the spirit of leniency."
Azaria was described by his commanders as a quiet introvert with no prior convictions, who always followed his orders in a calm and quiet manner, he pointed out.
Earlier today, Col. Guy Hazut, Kfir brigade commander stated in his testimony during Azaria's trial that "Elor is not my enemy." Hazut said this following his conversation three weeks ago with the soldier's father, Charlie, who had recorded the conversation, leading to tumultuous proceedings.
"This is my fighter, my soldier, Elor shouldn't do 20 years in prison, nor ten years, and not even seven years. This is an unusual occurrence and he was an excellent soldier," said Hazut.
Last week, the judges led by Col. Maya Heller listened for the first time to the full conversation between Hazut and Azaria's father. The conversation took place in the Zrifin military base after Azaria's conviction. The judges dubbed the conversation as "disturbing" and "a dark cloud that needs to be removed for the sake of public interest," while the defense counsellors claimed it was an illegal action and that it may disrupt court proceedings.
At the beginning of his testimony, Col. Hazut said to the defense attorneys: "I felt strange over needing to meet with you. On record, you were overtly proud for setting me up in the last few weeks. I am a colonel and commander, Elor is not my enemy. He is under my command and is still wearing the brigade's barrette."
The colonel added that Azaria was chosen to serve as a Battalion medic, a position given for excellence in performance.
Azaria's family was visibly upset throughout the proceedings, but Azaria himself let a tiny smile slip following the prosecution's request for a reduced sentence.
For their part, Azaria's defense team requested from Judge Heller that Azaria receive either no days in prison, or one lasting for anywhere up to two years. Furthermore, they asked that the days he had already spent on his military base throughout the protracted trial be considered as part of any prison sentence handed down.
Azaria's sentence is due to be handed down during the second half of February.
24 jan 2017

In a final bid to convince the judges to lighten the sentence against his son, Charlie Azaria, weeping before the judges, described his son's innate kindness, lamented the physical toll the trial has taken on his family: 'My son has been abandoned.'
The Military Court in the Kirya held sentencing discussions Tuesday for Sgt. Elor Azaria who was recently convicted for manslaughter of the terrorist Abed al Fatah al-Sharif after the latter carried out a stabbing attack in Hebron in March last year.
Entering the courtroom accompanied by a security detail, the prosecutor, Lieutenant Colonel Nadav Weisman was greeted by the shouts of “Our soldier is innocent!”
One by one, witnesses were called to the dock by the defense team to plead with the judges to lighten the sentence due to be handed down to Azaria.
Charlie Azaria, Elor’s father, was first to deliver his emotional plea on behalf of his son. “We moved to Israel in 1975 from France. My father fought in the Second World War against the Nazis, liberated Paris, participated in Normandy and had the courage and strength not to leave his commander in wounded in the field,” he began.
“My older brother served 30 years in the army, I served 33 years as a police officer in Ramla and in the Lahav 433 investigative police unit while my other brother served in Israeli prisons. I educated my children to respect every human being regardless of their skin color or religion. In Ramla, all my Muslim neighbors respect me and I respect them.”
Turning to his son, Charlie said that he lived up to his name, (meaning light). “He radiates light wherever he is. He was a chubby boy but insisted on being in a combat unit. He ran in the rain so that he could serve in a combat unit, so that he could defend the state,” Charlie said as he continued in his attempt to strike an emotional chord with the judges.
“Elor knew only how to give. He has Muslim and Christian friends. Elor enrolled on the paramedics course because he was so outstanding and despite the fact that he was a platoon paramedic he went to protect his friends even though he was not required to do so. I saw Elor lose all happiness in his life in his service as a platoon paramedic. I realized that he had a problem with his commander. Elor told me two days before the incident: ‘It is becoming increasingly difficult, dad. They are giving me more and more assignments and coming to me with complaints.’”
Recalling an incident in which his son was left for 12 hours without food or water while guarding an arrested suspect, Charlie sought to describe his Elor’s innate kindness. “In the end they brought him food in a disposable tray and he decided to give it to the terrorist.”
He also elaborated on the physical toll the entire episode has taken both his, and his wife’s life. “My wife dropped to 36kg in weight since the incident. I have had a stroke and lost my ability to walk and stand for three months. Our family has collapsed. My brother—Elor’s Godfather—had a heart attack twice. One of my two daughters stopped her medical studies in order to help out at home. It has been ten months and not a single commander has spoken to me. They simply neglected my son.”
The Military Court in the Kirya held sentencing discussions Tuesday for Sgt. Elor Azaria who was recently convicted for manslaughter of the terrorist Abed al Fatah al-Sharif after the latter carried out a stabbing attack in Hebron in March last year.
Entering the courtroom accompanied by a security detail, the prosecutor, Lieutenant Colonel Nadav Weisman was greeted by the shouts of “Our soldier is innocent!”
One by one, witnesses were called to the dock by the defense team to plead with the judges to lighten the sentence due to be handed down to Azaria.
Charlie Azaria, Elor’s father, was first to deliver his emotional plea on behalf of his son. “We moved to Israel in 1975 from France. My father fought in the Second World War against the Nazis, liberated Paris, participated in Normandy and had the courage and strength not to leave his commander in wounded in the field,” he began.
“My older brother served 30 years in the army, I served 33 years as a police officer in Ramla and in the Lahav 433 investigative police unit while my other brother served in Israeli prisons. I educated my children to respect every human being regardless of their skin color or religion. In Ramla, all my Muslim neighbors respect me and I respect them.”
Turning to his son, Charlie said that he lived up to his name, (meaning light). “He radiates light wherever he is. He was a chubby boy but insisted on being in a combat unit. He ran in the rain so that he could serve in a combat unit, so that he could defend the state,” Charlie said as he continued in his attempt to strike an emotional chord with the judges.
“Elor knew only how to give. He has Muslim and Christian friends. Elor enrolled on the paramedics course because he was so outstanding and despite the fact that he was a platoon paramedic he went to protect his friends even though he was not required to do so. I saw Elor lose all happiness in his life in his service as a platoon paramedic. I realized that he had a problem with his commander. Elor told me two days before the incident: ‘It is becoming increasingly difficult, dad. They are giving me more and more assignments and coming to me with complaints.’”
Recalling an incident in which his son was left for 12 hours without food or water while guarding an arrested suspect, Charlie sought to describe his Elor’s innate kindness. “In the end they brought him food in a disposable tray and he decided to give it to the terrorist.”
He also elaborated on the physical toll the entire episode has taken both his, and his wife’s life. “My wife dropped to 36kg in weight since the incident. I have had a stroke and lost my ability to walk and stand for three months. Our family has collapsed. My brother—Elor’s Godfather—had a heart attack twice. One of my two daughters stopped her medical studies in order to help out at home. It has been ten months and not a single commander has spoken to me. They simply neglected my son.”
20 jan 2017

The IDF prosecution is currently in discussions over what sentence to demand next week for Sgt. Elor Azaria, who was found guilty of manslaughter for shooting neutralized terrorist Abed al Fatah a-Sharif in Hebron last year; reports claim that it is leaning toward three to five years in jail.
IDF prosecution will reportedly ask to sentence Sgt. Elor Azaria, who was convicted of manslaughter earlier this month for shooting neutralized terrorist Abed al Fatah a-Sharif, to three to five years in prison.
"He opened fired in violation of orders, the terrorist did not pose any threat," the three judges wrote in explaining their unanimous decision to convict Azaria.
The shooting was captured on camera by a resident of the city, causing a stir and major debate within the country—reaching the highest political and military echelons—about the conduct of the IDF and its commanders in the field.
Before announcing the final verdict, Central Command Chief Justice Col. Maya Heller systematically rejected all of Azaria's defense arguments for over two-and-a-half-hours.
Judge Heller emphasized that "the verdict is based solely on the evidence brought forth (in the trial)" amid repeated claims from Azaria's supporters that senior IDF leadership, politicians, the media and even public opinion could influence the ruling.
“There is no question that the defendant shot from close range after aiming his gun at the terrorist’s head and there is no dispute that by doing so he endangered the lives of those around him,” she stated.
She also sought to debunk what she described as conflicting claims made by the defense teams. "The defendant tried to hold the rope at both ends—on the one hand he claimed the terrorist moved and on the other that he was already dead before he (Azaria) shot him," she noted.
“There was no justification for the shooting. The fact that there was a terrorist on the ground who sought to take the lives of soldiers did not justify disproportionate action,” she insisted. “Azaria’s shooting was inconsistent with the rules of opening fire.”
Azaria has been under open arrest over the last few days in a facility in the center of Israel.
IDF prosecution will reportedly ask to sentence Sgt. Elor Azaria, who was convicted of manslaughter earlier this month for shooting neutralized terrorist Abed al Fatah a-Sharif, to three to five years in prison.
"He opened fired in violation of orders, the terrorist did not pose any threat," the three judges wrote in explaining their unanimous decision to convict Azaria.
The shooting was captured on camera by a resident of the city, causing a stir and major debate within the country—reaching the highest political and military echelons—about the conduct of the IDF and its commanders in the field.
Before announcing the final verdict, Central Command Chief Justice Col. Maya Heller systematically rejected all of Azaria's defense arguments for over two-and-a-half-hours.
Judge Heller emphasized that "the verdict is based solely on the evidence brought forth (in the trial)" amid repeated claims from Azaria's supporters that senior IDF leadership, politicians, the media and even public opinion could influence the ruling.
“There is no question that the defendant shot from close range after aiming his gun at the terrorist’s head and there is no dispute that by doing so he endangered the lives of those around him,” she stated.
She also sought to debunk what she described as conflicting claims made by the defense teams. "The defendant tried to hold the rope at both ends—on the one hand he claimed the terrorist moved and on the other that he was already dead before he (Azaria) shot him," she noted.
“There was no justification for the shooting. The fact that there was a terrorist on the ground who sought to take the lives of soldiers did not justify disproportionate action,” she insisted. “Azaria’s shooting was inconsistent with the rules of opening fire.”
Azaria has been under open arrest over the last few days in a facility in the center of Israel.
19 jan 2017

Azaria at court with his girlfriend to his right and his parents to his left
New recruit hands out leaflets saying 'The Israel Defense Force is abandoning its soldiers, we're not. Until Elor Azaria is released—don't enlist'; this is the second time he is jailed after calling to refuse order in Amona evacuation.
A new IDF recruit from the Samaria region of the West Bank was recently sentenced to 20 days in army jail after distributing leaflets calling on young Israelis not to enlist in the IDF until Sgt. Elor Azaria, who was found guilty of manslaughter after shooting dead a neutralized terrorist in Hebron, is released.
The soldier's leaflets read: "The Israel Defense Force is abandoning its soldiers, we're not. Until Elor Azaria is released, don't enlist."
This is the second time the same soldier was tried for similar reasons. A month ago he was sentenced to 14 days in army jail after distributing leaflets calling on soldiers to refuse orders concerning the evacuation of the illegal outpost Amona.
The soldier's lawyer, Hai Haber of the Honenu organization, said: "It's doubtful that all of the new recruits with views on the left side of the political map would have received the same attention and spent so long behind bars."
The IDF Spokesman's Office said in response: "The soldier was arrested and tried in the past. When he returned to his unit, he distributed propaganda against enlisting in the IDF. The soldier was tried and received 20 days in jail for this action."
New recruit hands out leaflets saying 'The Israel Defense Force is abandoning its soldiers, we're not. Until Elor Azaria is released—don't enlist'; this is the second time he is jailed after calling to refuse order in Amona evacuation.
A new IDF recruit from the Samaria region of the West Bank was recently sentenced to 20 days in army jail after distributing leaflets calling on young Israelis not to enlist in the IDF until Sgt. Elor Azaria, who was found guilty of manslaughter after shooting dead a neutralized terrorist in Hebron, is released.
The soldier's leaflets read: "The Israel Defense Force is abandoning its soldiers, we're not. Until Elor Azaria is released, don't enlist."
This is the second time the same soldier was tried for similar reasons. A month ago he was sentenced to 14 days in army jail after distributing leaflets calling on soldiers to refuse orders concerning the evacuation of the illegal outpost Amona.
The soldier's lawyer, Hai Haber of the Honenu organization, said: "It's doubtful that all of the new recruits with views on the left side of the political map would have received the same attention and spent so long behind bars."
The IDF Spokesman's Office said in response: "The soldier was arrested and tried in the past. When he returned to his unit, he distributed propaganda against enlisting in the IDF. The soldier was tried and received 20 days in jail for this action."