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Israeli soldier wins plea bargain over Cast Lead charges
Published Sunday 12/08/2012 (updated) 14/08/2012 10:20
A Palestinian woman runs for cover after an Israeli airstrike on Rafah in
the southern Gaza Strip in December 2008. (MaanImages/File)
TEL AVIV, Israel (Ma'an) -- An Israeli soldier was sentenced to 45 days in jail in a plea bargain which accepted he was not responsible for killing a Palestinian mother and daughter during Israel's 2009 war on Gaza, Israeli media and human rights groups said Sunday.

Raya Abu Hajaj, 64, and her daughter Majdi, 36, were killed in the central Gaza village of Juhor al-Dik on Jan. 4, 2009, the first day of Israel's ground invasion of Gaza during Operation Cast Lead.

According to a UN-sponsored report by South African justice Richard Goldstone they were shot while bearing a white flag.

The soldier, referred to as S', was originally charged with killing by the Israeli military advocate general, but reached a plea bargain for the lesser offense 'illegal use of weapons,' Israeli daily Haaretz reported.

Evidence presented during the case showed S' deliberately shot at a figure among a group of civilians, but his attorneys argued the connection between his shooting and the women's death could not be proven, Haaretz said.

Israeli human rights group B'Tselem said the soldier was indicted for the manslaughter of an unknown individual, a charge it described as problematic, after the military found the soldier's admission of the shooting incident did not match eyewitness testimonies of the Hajaj's death.

B'Tselem, which arranged the provision of witnesses and documentation to investigate the death of the two women, says the plea bargain means the killing of the women in Gaza remains unsolved, and is demanding the probe be completed.

Israel's 3-week offensive on the Gaza Strip, launched in December 2008, left nearly 1,400 Palestinians dead, including 300 children.

According to UN figures, Israel's military destroyed over 3,500 residential homes and made 20,000 people homeless during the 22-day assault.

The Goldstone mission found that Israel committed "grave breaches of the Fourth Geneva Convention in respect of willful killings and willfully causing great suffering to protected persons."
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1 ) AKeenReader / UK
12/08/2012 21:46
This is Israeli justice for its own people. If it was a palestinian then he would have got life. Why don't the palestinians raise this injustice with the ICC when UNGA gives palestine an elevated status.

2 ) Julie / USA
12/08/2012 23:55
"connection between his shooting and the women's death could not be proven"...you've got to be kidding me!! what kind of bullshit forensics does izrahell have? ANYONE can match a pathology autopsy report to the cause of death..and then match the bullets to that soldier's gun. duhhhhhhh!!!! this plea bargain is nothing more than izraeli acceptance and approval of murdering Pals.

3 ) MARK / US/Israel
13/08/2012 00:29
just: wtf and OMFG!!!

4 ) Brian Cohen / Israel
13/08/2012 00:51
What ever happened to the Palestinian sniper who murdered 10 Israelis back in 2002 - what ever happened to him? Did the Palestinians put him on trial? Did he ever go to jail? Or was he celebrated as a hero fighting the occupation by murdering 10 people? You're not so keen, Reader in the UK, because you keep missing out on all those Palestinian killers who totally escape justice because the Palestinians think they are immune from international law and can kill with impunity. They can't.

5 ) Mo / Canada
13/08/2012 05:43
How many UN commissions and court cases do you think will be going on years after the Syrian conflict? I doubt many if any.

6 ) Colin Wright / USA
13/08/2012 07:49
This is less than you'd get for killing a dog some places. Watch him not actually serve the 45 days.

7 ) gabi / austgralia
13/08/2012 09:44
45 days!!! what a joke and when he gets out he'll probably be treated as a hero. Israel loudly and frequently derides other countries for their lack of human rights - this is hypocrisy at its best.

8 ) Mel / Gaza
13/08/2012 09:55
@AKeenReader. Thank you for your comment. We have tried to raise sooooo many issues with the ICC and other international institutions! They DO NOT care when it comes to Palestinians or when it happens in Palestine. Even citizens of other nations who were murdered here DO NOT get justice. Their own countries are not interested, even though their killers are known, see Rachel Corrie, Tom Hurndall, James Miller...

9 ) Carlos / USA
13/08/2012 12:56
About the Palestinian sniper who killed 10 israelis. The israelis killed were uniformed israeli soldiers working a checkpoint harrassing Palestinians and keeping them from making a living. israel claims to killed sniper. There was no time for justice. There was arrests torture summary execution for the sniper. We only have israels word they killed him. They could have killed some innocent Palestinian and the guy stopped sniping for all I know. I do know not to believe israel. israel lies.

10 ) ian / australia
14/08/2012 06:49
Baffling really why they even bothered. If the court couldn't establish it was S' who killed the mother and daughter, well, legally, that has to be accepted. But, a plea bargain with a sentence of 45 days (probably in a nice room with WiFi) for the surreal charge of "illegal use of weapons" in a massacre which killed 1400 people, 300 of them children just seems perverse. There's also a feeling of macabre gloating about it, as if to send the message "we always win!": S' remains anonymous,

11 ) ian / australia
14/08/2012 06:50
(contd.) his identity hidden, his reputation untarnished and "pays" with a short time off work with his feet up (probably paid) because the victims of Cast Lead don't warrant anything more. Perhaps that's the point.

12 ) ian / australia
14/08/2012 07:04
#4 Brian, Ofra is an illegal settlement on Palestinian land. The settlers and soldiers there are invaders, like the Nazis in occupied France. Their presence is an act of war. Tha’ir Hamad, the 22 year-old, Al-Aqsa Martyrs Brigade sniper, took the law into his own hands, yes, (and paid dearly for it) but his killing spree WAS a form of "fighting the occupation" and "resistance" no matter how much you sneer at the idea. I mean what ELSE was it? It wasn't sadism. He wasn't just a really mean guy.

13 ) ian / australia
14/08/2012 07:05
(contd.) (Though it was revenge.) And what were his options? There were three: accept that your land has been stolen and do nothing, ask nicely for the settlers to return it (aka non-violence) or fight. And no, the Palestinians didn't arrest him or try him or put him in gaol. Why should they? (Though they would now.) The Aqsa intifada was war (which claimed far more Arab lives than Jewish). Not pretty, in fact utterly horrible but "the Sniper" was a soldier in it, and really, as he called out to

14 ) ian / australia
14/08/2012 07:07
(contd.) a woman with her children at the checkpoint (and in Hebrew) to get out of the way, what law of war did he break?

15 ) ian / australia
14/08/2012 18:03
(contd.) let's hope he serves 2/3 of his unjust harsh punishement

16 ) ian / australia
15/08/2012 10:30
Well, I obviously didn't write #15, but the meaninglessness of it, along with with the bad spelling, the general flakiness and how it's sort of funny in an unhinged, incoherent way, makes me think southparkbear did!
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