Updated

Updated · The New York Times · Sep 19

Herzog Pardons Elor Azaria in 2016 Hebron Killing as Israel Debates Soldier Accountability

Updated

Updated · The New York Times · Sep 19

Herzog Pardons Elor Azaria in 2016 Hebron Killing as Israel Debates Soldier Accountability

Q: Why did Israel's President override top military commanders to erase the criminal record of a controversial convicted soldier?

Herzog overrode the military because he treated the case as one for clemency, not for relitigating guilt. His office said Azaria’s conviction would stand, but that nearly a decade had passed, he had completed his sentence, expressed remorse, faced changed family circumstances and employment barriers, and should be allowed rehabilitation and “a new chapter” in life. The timing, on the eve of Yom Kippur, also framed the decision in terms of mercy, atonement and reconciliation. The president also acted after a formal recommendation from Defense Minister Israel Katz, who argued that Azaria had already paid a heavy personal and family price and that clearing his record would signal that Israel does not abandon its soldiers. That broader message to serving troops and their families appears to have been a major political and social consideration in a case that has long divided Israel. Top commanders, including IDF Chief of Staff Lt. Gen. Eyal Zamir, opposed the move because they said Azaria had not shown enough remorse or taken full responsibility, and because they saw no exceptional new grounds to revisit earlier refusals. Herzog acknowledged that view but used his independent clemency power anyway. So the override was driven by a presidential judgment that mercy and rehabilitation now outweighed the military’s objections, while preserving the original manslaughter verdict and the military justice system’s findings.

3 articles · Updated · The New York Times · Sep 19

Isaac Herzog on Saturday expunged Elor Azaria’s criminal record, wiping away the manslaughter conviction for fatally shooting a wounded Palestinian attacker in Hebron a decade ago.
2016 video of the incident showed Azaria shooting 21-year-old Abdul Fattah al-Sharif in the head at close range after other soldiers had already shot him and he lay motionless on the ground.
Nine months in prison and later parole had left Azaria bearing the consequences of his actions, Herzog said, while the pardon fulfilled a long-running demand from Israel’s right.
The case became a touchstone in Israel and abroad over whether Israeli forces are held accountable for grave abuses against Palestinians in the occupied West Bank.
Herzog’s move comes amid rising settler attacks on Palestinians and has stirred speculation over why he acted now, including whether it signals openness to other politically explosive pardons.