he Military Court of Appeals at the IDF's headquarters in Tel Aviv was to rule on Sunday on the appeal of a soldier convicted of manslaughter over the killing of an immobilized terrorist in 2016.
On March 24, 2016, infantry soldier Elor Azaria shot and killed a terrorist who had been wounded during a security incident in Hebron. On Jan. 4, 2017, following a trial, Azaria was convicted of manslaughter and of conduct unbecoming. He was sentenced to 18 months in prison and 12 months on probation, and was also demoted from sergeant to private.
The defense filed an immediate appeal, calling the sentence "grossly unjust."
The Military Prosecutor also appealed the verdict, seeking a longer sentence of three to five years.
Azaria's trial has been one of the most polarizing events Israel has seen in recent years. The facts of the case were never disputed, both because the incident was caught on tape, and because of Azaria's own admission that he shot the unconscious terrorist. The trial hinged on the question of whether Azaria's account of the circumstances leading up to the shooting -- that he felt he and the other soldiers at the scene were in immediate danger -- was true.
Azaria, who had been detained on his base for 16 months -- the duration of the trial and the appeal process -- was released to house arrest on July 20.
Azaria's father, Charlie, urged the family's supporters to refrain from belligerent statements or protests, saying the family respects the court's decisions and will consider its steps going forward.
The court said Sunday that Azaria was in clear violation of the IDF's rules of engagement at the time of the shooting, and the defense had failed to establish that he felt he and those around him were in clear and immediate danger.
The five-judge panel also criticized what it called Azaria's "evolving" version of the events, saying this significantly undermined his credibility.
If the court decides to uphold the original verdict, Azaria may file an appeal with the Supreme Court or, alternatively, appeal to IDF Chief of Staff Lt. Gen. Gadi Eizenkot to mitigate his sentence. Once the case is fully adjudicated, Azaria may also seek a presidential pardon.
