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Proposed Israeli Law Gives Security Forces Immunity from Murder

Thursday, January 12, 2017 7:59
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Days after IDF soldier Elor Azariya was convicted of manslaughter, not cold-blooded murder he deserved, for lethally shooting Palestinian Abd al-Fatah al-Sharif as he lay helpless, severely wounded on the ground, deputy Israeli defense minister Eli Ben-Dahan proposed new legislation. It grants security forces immunity before, during and after battlefield and security operations – in other words, at all times under all circumstances whether justified or not. Cold-blooded murder of Palestinians is longstanding Israeli practice. If enacted, the new law will authorize it as official policy, giving soldiers and other security forces the right to commit murder unaccountably. Current Israeli law grants security forces immunity while operations are ongoing. The new legislation grants it before they’re undertaken and after completion. “The new law sends a clear message to our soldiers: When you protect us, we protect you,” Ben-Dahan blustered. He lied, adding “(t)his is a very balanced law which on the one hand will allow IDF soldiers to do their jobs and protect the State of Israel and its citizens without fearing a lawsuit, and on the other allows the government to remove a soldier’s immunity if he breaks the rules.” “In the past few years, we have seen too many excellent, respected soldiers and commanders suffering from misunderstood laws, which were simply not clear.” “We need to protect our soldiers when they are protecting us. As someone who served as a major in the IDF, I am sure this new law will help our soldiers. I have no doubts the other MKs will support this law.” The new measure grants immunity to “every IDF soldier, commander and officer whether doing compulsory service, career NCOs and officers, GSS operatives, Police, Border Guard, Knesset Gurad, and any other member of Israel’s security forces as decided by the Minister of Defense.” “(A) member of the security forces will not bear criminal responsibility, nor be interrogated with a warning, and will be immune to every judicial action in connection with an operation he carried out or did not carry out, or an act he committed or did not commit, before, during and after an operation, depending on whether the operation was or was not carried out as part of his assignment, or in preparation to carry out his assignment, as member of the security forces.” Murder is a flagrant international law violation. According to the Universal Declaration of Human Rights, “(e)veryone has the right to life, liberty, and security of person.” Article 6 of the International Covenant of Civil and Political Rights (ICCPR) states “(e)very human being has the inherent right to life. This right shall be protected by law.” Legislation enacted by any nation contravening international law has no legal standing. Lawlessness against Palestinians and neighboring countries is longstanding Israeli practice.

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