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Appeal fails for Israeli soldier who killed wounded Palestinian attacker as he lay on the ground

Case raises questions over Israeli soldiers’ use of lethal force

Rachael Revesz
Sunday 30 July 2017 15:24 BST
Azaria was caught shooting Sharif on camera and the case divided opinion
Azaria was caught shooting Sharif on camera and the case divided opinion (Reuters)

An Israeli military court has upheld the sentence of a soldier who was convicted of killing a wounded Palestinian attacker.

Elor Azaria’s appeal was overturned after he was convicted for manslaughter in March. He will serve 18 months.

Abdul al-Sharif, 21, was shot by Azaria as he lay wounded on the ground, unarmed. Sharif had just stabbed a soldier in Hebron.

Azaria’s attack on Sharif was caught on video.

The shooting occurred in January 2016, in Hebron, the occupied West Bank.

The trial split the country’s opinion. The verdict was hailed as a victory for the military and its code of ethics, while hard-line politicians said Azaria was a persecuted hero.

Prime Minister Benjamin Netanyahu said he would support any decision to pardon Azaria.

Azaria, also 21, argued he had shot Sharif as he feared the man might be wearing an explosive vest.

The court declared Azaria’s version of events had been "unreliable" and that he had killed Sharif out of revenge.

“Azaria's shooting was not motivated by fear of the terrorist's future action,” the judges said.

The judges added that Azaria did not express remorse and was reportedly defensive if someone questioned his character, as reported by Haaretz.

Attack was caught on film in January 2016

The case has raised questions over how Israeli soldiers can use lethal force against attackers.

Sharif’s death came during a series of Palestinian attacks that killed 29 Israelis over five months to January 2016.

The court rejected the prosecution’s request for a harsher sentence. Azaria came to court from his home near Tel Aviv, where he had been living under house arrest since being released from the army two weeks ago.

Azaria’s lawyers might decide to take their appeal to the Supreme Court and ask for Azaria’s sentence to be postponed for a second time.

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