IDF soldier gets two weeks in military prison for shooting Palestinian

[Poll_Blind]

From Ha'aretz:

An Israel Defense Forces soldier, who shot and seriously injured a Palestinian at a roadblock, was sentenced to 14 days in a military prison. Military Police will investigate further.

--snip--

The soldier shot Haytem Yasin, 25, on November 4, at the roadblock of Asira al-Shemaliya. Yasin is being treated at Beilinson hospital in Petah Tikva, where he is in serious condition as a result of major abdominal injuries.

According to testimonies collected by the human rights group B'Tselem, Yasin was shot after he told the soldiers that they should not ask women to run their hands over their bodies as a means of searching for concealed arms.

--snip--

The details of the incident collected by B'Tselem suggest that the soldier pushed Yasin in response to his comment, and Yasin pushed the soldier back. The soldier then hit Yasin, and two other soldiers joined the fracas, trying to grab Yasin, and hit him, while Yasin tried resisting. At some point the soldiers fired in the air and on the ground. Even after Yasin fell to the ground, they grabbed and threw him against the cement blocks used to make a roadblock. He was cuffed and the soldiers continued to hit and kick him.

  Two weeks.

PB

[Porcupine]

1. Why Israel will never have peace. Exhibit 89,472. nt.

It will take generations of pristine behavior by the IDF for the hatred this breeds to fade.

[IntiRaymi]

2. Well, the IDF is partly at fault.

You cannot send soldiers in to do police work. You need police men for that sort of thing.

Perhaps the IDF ought to start police units, expand their military police units.

[eyl]

4. Problem is that

in a region where there's a high level of armed irregular hostility, the police would need ROE which would make them military in all but name (hell, Israel uses police units - the Border Guard - at some checkpoints, and they actually have a worse reputation as far as brutality goes*)

*ironic, given that a larger proportion of the Guard is made of Arabs.

[eyl]

3. You'll notice that the article states

that he was sentenced following an internal probe, and that a Military Police investigation is still ongoing. Since a court-martial can be convened only after an MP investigation is concluded, that means he was sentenced* in an administrative trial*, where the possible sentences are limited (when I was in regular service, the maximum prison sentance imposable in an administrative trial was five weeks - assuming the sentencing officer was, IIRC, a Brigadier General** - and I think that maximum has been reduced since). And since the MP investigation is still ongoing, he may yet be passed on for court-martial, which can impose harsher penalties.

IOW, your outrage is, at the very least, premature.

*administrative trials are "trials" carried out by the commander of a unit rather than a court
**the maximum penalty depends on the rank of the presiding officer

[Tom Joad]

10. Can't wait for you to post the follow-up, Eyl.

My guess is that he is completely cleared and given back pay. A promotion is likely soon. But i say that just because i have had interaction with some very sick fucks who work the Israeli checkpoints, from the point of view of a civilian.
It's all about humiliation, and the credible threat of violence.

[Poll_Blind]

13. Yes, but this punishment apparently prevents a court martial.

From the article:

According to a senior military source, the trial of the soldier by a disciplinary court would prevent bringing him before a court martial.

Something like a plea bargain, apparently.

PB

[eyl]

15. Not AFAIK

That might be so if the MP investigation had already been concluded; but according to the OP it hasn't. That investigation can choose to ignore or throw out the administrative trial.

Besides a limitation on the punishments available, there's also a limit on the type of offenses triableunder an administrative procedure. Some crimes can only be tried after an MP investigation is concluded and approves it (e.g. offenses related to drugs or involving violence), while others can only be tried in a court-martial (e.g. murder). The article doesn't say on what charge he was tried in the administrative procedure, but the MP investigation may determine, at its conclusion, that the appropriate charge is e.g. asssault, which requires MP approval to try administratively, and then deny that approval, which means the administrative sentence would be overturned.

[nicoll]

5. un acceptable behavior

The dependant factor is whether he lives or dies. If his condition does deteriorate and he dies from his injuries then in my opinion if there no justification for using the fire arm by the officer against the civilian then it is murder and should have a sentence to match this crime. Too many incidents on both sides are just brushed aside and not dealt with properly. An example should be made of the officer to hopefully stop this thing happening again other wise if the sentence is not severe enough to fit the crime then you are n some ways condoning it. There is violence on both sides - the militants on the the Palestinian side and over excessive force from IDF member - both are un acceptable and have to stamped out.

[pelsar]

7. so much for a trial.....

there no justification for using the fire arm by the officer against the civilian then it is murder and should have a sentence to match this crime.

no comment is necessary.....

[nicoll]

11. my apologies

I am sorry pelsar I just get pissed off with any violence where civilians are injured. I just want it all to stop and both sides to find peace. It looked from my thread that I had already decided that the IDF soldier was guilty before being tried and finding all of the facts to do with the situation. Again I apologize for this and will wait until the finding of the trial are made public. I do not want you to think that I have an agenda against Israel, has this is not the case.

[breakaleg]

6. 2 whole weeks for shooting a person. That's not exactly a democracy I'd be proud of.

[cali]

8. Did you even read eyl's post

#3 on this thread?

And democracies like all forms of government are flawed. There are things to be proud of and things that need to be changed.

[breakaleg]

12. I did. And yet Israel does give unusually light sentences for such things so

I'm not hopeful that more will come of this.

[Tom Joad]

9. Two Weeks! Seems Israel has doubled the usual sentence for

shooting Palestinian cilvilians.
Certainly puts to rest the idea that Palestinian rights are not protected. :sarcasm:

[Name removed]

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