ISRAEL’S “UNTOLD” STORY

Two days ago, Israel experienced bad news and good news. Sadly, most of the world will focus on the bad. But the military court verdict regarding #SergeantElorAzaria must be noted for the good it presents about a nation so often maligned—and blindly so.

Last March, Sgt. Azaria shot dead a Palestinian man—one of two knife wielders in the West Bank city of Hebron. The other Palestinian had already been killed. Israeli troops have the right to defend civilians and themselves under attack. The problem lies in Sgt. Azaria having shot Abd Elfatah Ashareef eleven minutes after another soldier had shot and “neutralized” him.

The court determined that Ashareef had posed no danger and convicted Sgt. Azaria of manslaughter. Many Israelis support Sgt. Azaria. Many Israelis adhere to the law and do not. Yesterday police arrested two Israeli Jews for inciting pro-Azaria violence on social media. Here we need to recognize that Israeli law remains as impartial as it can be in trying times, holding all Israelis—Jews and non-Jews—responsible for appropriate conduct.

This is not the first time an Israeli court—military or civilian—has found a Jew or the government liable for criminal or civil actions. True, not all court decisions are balanced. But Israeli Arabs and Palestinians often achieve legal victories because the law—with support by Israeli Jews—recognizes that they are in the right.

Imagine the same scenario in a military court elsewhere in the Middle East. Would a soldier killing someone who acted against his government face legal—let alone public—discipline? If you can say yes, you know something about the region that I don’t.

Would a court in Russia or China try one of their soldiers who killed someone bearing a weapon with deadly intent after that would-be killer had been neutralized? Would journalists be allowed to report on the case? Would government leaders, pro and con, discuss it? Would those who incite violence on Moscow’s or Beijing’s behalf be arrested? If you can say yes, you know something about Russia and China that I don’t.

Yet these two permanent members of the U.N. Security Council voted to condemn as illegal Israeli settlements in the West Bank. (I wrote last week that those settlements are wrong and provide the Palestinians with another excuse to avoid negotiations.) Russia and China hardly stand as advocates for human rights.

Finally, can you imagine Hamas or the Palestinian Authority bringing to trial Palestinians who assault or murder Israelis? I can’t; it doesn’t happen. The killers are praised. If they’re killed, massive funerals celebrate their martyrdom.” Cash payments go to their families.

Israel survives in a region filled with hostility flowing in all directions. The country can and should present a better image to the world, starting with a halt to settlement building. But Israel stands head and shoulders above its neighbors as a nation where law has real meaning, where Israelis of all religions—and Palestinians—can call on the courts with a reasonable, if still imperfect, expectation of justice.

The matter of Sgt. Azaria constitutes a painful story. Still, it must be told and seen in context. Hopefully, American law will remain as respectful of justice.

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2 Comments


  1. Jerry Robinson
    Jan 06, 2017

    I agree that Israel stands head and shoulders above its neighbors but that’s setting a pretty low bar. Sgt. Azaria’s case illustrates to me that at least in some respects Israel can stand tall with the other democracies in the world.


  2. Martin Weiner
    Jan 07, 2017

    Dear David
    Obviosly I agree with your defense of Israeli
    Justice has seen in the recent militarhy court
    decision.

    I hope that next week you will consider commenting
    on the PM’s immediate response: Azaria should
    be pardoned. Also how do we feel about the PM’s
    supporters inciting mobs to kill the judge and the
    IDF Chief of Staff.
    As ever
    Marty Weiner

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