ACRI asks High Court to order IDF to indict Col. who killed fleeing Palestinian rock-thrower
Palestinian rock-throwers attack Israeli troops near Bethlehem. (photo credit: REUTERS)
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The Association for Civil Rights in Israel requested the High Court of Justice on Sunday to order the IDF to indict Col. Israel Shomer for killing a Palestinian who was running away from him in July 2015.
In ACRI’s petition, filed on behalf of the parents of 17-year-old Muhammad al-Casba, the NGO asked the court to order an indictment for either manslaughter or negligent homicide, and to freeze Shomer’s designated appointment to take command of the IDF’s Nahal unit.
The petition against the IDF Binyamin Brigade commander came after Attorney-General Avichai Mandelblit in December endorsed the IDF legal division’s earlier decision to close the case.
Casba was killed under disputed circumstances as Shomer shot Casba after he had thrown a large rock at Shomer’s vehicle, but by the time Shomer shot Casba, he was already fleeing and even Military Advocate-General Maj.-Gen. Sharon Afek did not think that he presented a concrete danger.
A video of the shooting distributed at the time by B’Tselem – The Israel Information Center for Human Rights in the Occupied Territories – went viral and brought about calls for Shomer’s prosecution and led to an unusual full criminal investigation.
The video did not show the shooting, though it showed some events before and afterward.
Shomer had been the highest ranking IDF officer under criminal investigation for an alleged offense relating to conflict with the Palestinians, though at least one lieutenant-colonel was criminally investigated and also cleared for allegedly ordering the shelling of a pharmacy during the 2014 Gaza war (Operation Cast Lead) as revenge for the earlier killing of one of his soldiers.
The commander was on his way to the Kalandiya checkpoint between Jerusalem and Ramallah when the rock hit his windshield.
ACRI said that its review of the case file, including multiple interrogations of Shomer, of soldier D and Maj. G showed that Shomer’s narrative was rife with contradictions, which collectively proved he should be indicted for manslaughter or negligent homicide.
For example, ACRI said Shomer’s original story was that he shot Casba when he saw Casba facing him and holding an unidentified object that might have presented a danger.
However, after confronted with video footage of Casba fleeing, Shomer admitted he had fired on Casba running away with his back to him while Shomer was also running and without properly aiming through his gun’s scope.
Shomer maintained he had been carrying out a procedure for arresting a dangerous suspect, that his misfiring which killed Casba was only meant to wound him in the knees and was a professional error, but not negligent homicide. ACRI said Shomer and the military advocate-general’s standard for judging the issue went against the recognized legal standard.
Regarding the decision to close the case, Afek ruled in April 2016 that Shomer had properly followed the rules of engagement for apprehending a suspect, by firing two warning shots and then aiming and firing for Casba’s legs.
Afek said that Shomer missed by mistake due to firing while moving, as opposed to firing from a static standing position, and that despite this unintentional error, the procedure of firing at Casba’s legs had been correct.
This had been Shomer’s narrative leaked to the press at the time of the incident and many politicians on the Right, but also including centrist Yesh Atid party chairman, Yair Lapid, supported him. His critics, however, had questioned the veracity of his story, believing he had aimed to kill.
Further, Afek stated that despite the gravity of Shomer’s mistake, it occurred in “unambiguously operational circumstances” and did not rise to the level of a criminal offense.
Even at the time, it was clear that the finding of operational circumstances as trumping holding Shomer accountable for missing his mark leading to Casba’s death was a crucial and controversial issue.
B’Tselem, and now ACRI, said such a grave mistake at a minimum warranted a charge of negligent homicide, if not manslaughter or murder. Supporters have argued rock throwing is a serious threat and that IDF personnel responding in real-time to such a threat should be given wide latitude.
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