In Israel, soldier draws 18 months for '16 killing

Wounded Palestinian shot; case divided nation

Israeli soldier Elor Azaria is embraced by his mother at the start of his sentencing hearing in Tel Aviv, Israel, Tuesday, Feb. 21, 2017.
Israeli soldier Elor Azaria is embraced by his mother at the start of his sentencing hearing in Tel Aviv, Israel, Tuesday, Feb. 21, 2017.

JERUSALEM -- An Israeli soldier was sentenced Tuesday to 18 months in prison for killing a wounded Palestinian assailant as he lay on the ground, in a landmark decision that deepened fissures in Israeli society and drew Palestinian criticism for being too lenient.

Leading nationalist Israeli politicians called any jail time unfair and urged an immediate pardon, while Palestinians and human-rights groups said the sentence was far too lenient.

The sentencing of Sgt. Elor Azaria culminated a nearly yearlong saga that has divided the country. While Israel's top generals pushed for the prosecution of a soldier they say violated the military's code of ethics, large segments of the public, including politicians on Israel's nationalist right, sided with Azaria. Even Prime Minister Benjamin Netanyahu gave only lukewarm support to his military.

Although the sentence was lighter than expected -- the prosecution sought three to five years -- those divisions showed no signs of easing after Tuesday's sentencing at a Tel Aviv military court. Dozens of people demonstrated outside in support of Azaria, and hard-line politicians called for his release.

"Even if he erred, Elor should not sit in prison. We will all pay the price," said Education Minister Naftali Bennett, leader of the nationalist Jewish Home Party.

Azaria, an army medic, was recorded on a cellphone video last March as he fatally shot an injured Palestinian who had stabbed a soldier in the West Bank city of Hebron. The Palestinian, Abdel Fattah al-Sharif, was lying on the ground unarmed when Azaria shot him in the head.

Azaria was convicted of manslaughter last month in a rare case of a military court ruling against a combat soldier for lethal action taken in the field.

The verdict marked a victory for commanders who said Azaria had violated army procedures.

But the soldier had the support of much of the Israeli public. In Israel, military service is compulsory for most citizens, and soldiers enjoy widespread sympathy.

Issa Karaka, the Palestinian government minister in charge of prisoner affairs, called the sentence a "joke."

"It shows how much discrimination Israeli courts practice against Palestinians," he said.

Asa Kasher, a philosopher who wrote the Israeli army's code of ethics, said the case has unleashed dangerous trends in the country.

"One shot by one soldier took on the shape of a war between right and left," he told Channel 2.

He said "extremists" initially took up Azaria's cause, and hard-line politicians followed suit. "Anyone with right-wing sentiments enlisted, and everyone in the end rallied behind a soldier who harmed the values of the Israeli army," he said.

Politicians' support for the soldier fueled the resignation last year of Defense Minister Moshe Yaalon, a former military chief of staff.

He was replaced by Avigdor Lieberman, a hard-line politician who had visited Azaria in court during the trial. Lieberman has since toned down his language, and Tuesday, he urged the public to respect the court's decision.

Netanyahu, who initially defended the military, later softened his position and called Azaria's parents to console them. After last month's verdict, he called for Azaria to be pardoned. Netanyahu was on a trip to Singapore and Australia this week and did not immediately react to the sentencing.

President Reuven Rivlin is not expected to consider a pardon until the appeals process is complete. Defense lawyer Yoram Sheftel has vowed an appeal.

"The prosecution was thirsty for Elor's blood, and the sentencing proves that," he said.

Azaria, 20, who has been confined to a base since last year, is to begin his sentence March 5. He will not receive credit for time served, but will be eligible to seek an early "conditional release" based on factors like good behavior, the army said. His sentence also includes one year's probation and a demotion in rank.

The shooting took place at the height of an ongoing wave of violence. Since September 2015, Palestinian attackers have carried out numerous stabbing, shooting and car ramming attacks that have killed 41 Israelis and two visiting Americans. During the same time, Israeli forces have killed 235 Palestinians, most of them said to be attackers.

Information for this article was contributed by Ami Bentov, Daniel Estrin, Mohammed Daraghmeh and Jill Lawless of The Associated Press.

A Section on 02/22/2017

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