Iman Darweesh Al Hams
Encyclopedia
Iman Darweesh Al Hams (1991 - 5 October 2004) was a 13-year-old Palestinian
girl killed by Israel Defense Forces
(IDF) fire near a military observation post in a "no-man's" zone near the Philadelphi Route
on 5 October 2004, in Rafah
in the Gaza Strip
.
The IDF commander of the soldiers which shot her was accused by his comrades and Palestinian witnesses of using automatic fire into the girl's body as she lay wounded on the ground, a subject which was brought into investigation. The commander was found not guilty of illegal use of his weapon, conduct unbecoming an officer and perverting the course of justice by an Israeli military court.
Human rights
groups cite her death as one of several incidents which illustrate a "culture of impunity" in the IDF.
Palestinian witnesses reported that it was more than an hour before Israeli troops would allow medics to evacuate the body in an ambulance. At least fifteen bullets were found in the girl's body by Palestinian hospital officials.
Dr. Mohammed al-Hams, who inspected the child's body told The Guardian
newspaper that:
Ehab Hams, an older brother of the slain girl, expressed his distrust of Israel
i military justice: "We demand the prosecution of Iman's killer (but) we do not trust the Israeli judicial system." He added, "My sister was an innocent little girl."
's Uvda ("Fact") investigative program on Israel's Channel 2
aired an audio recording of the internal communications between soldiers at the post at the time of the incident.
According to the audio recording, the soldiers of the Givati Brigade identified the victim as "a girl, about 10 years old," describing her as looking "scared to death". Another soldier is heard saying, "Our forces are attacking her", and a lookout says "One of the positions has taken her down." The Givati Brigade company commander, Captain R., is then heard saying "We operated on her. Yes, it seems she has been hit." He later states that he "verified" the killing, and clarifies his actions by stating that:
Israeli soldiers interviewed in the documentary, and whose anonymity was maintained, submitted that their commander had knowingly shot the girl in the head at close range and then emptied his magazine of bullets into her body to "confirm the kill." One of the soldiers said:
One of the soldiers said:
reported that Israel's top military prosecutor was investigating the army commander for repeatedly firing at the lifeless body of the young girl. The report stated that according to Haaretz
newspaper, "confirming the kill" (i.e. shooting combatants at close range to make sure they are dead) goes against Israeli military regulations governing the rules of engagement. On 13 October 2004, CBS
reported that the army had suspended the officer during the investigation. On 15 October 2004, it was reported that the officer was cleared of responsibility in the shooting.
The BBC reported that army officials had accepted the commander's claim that "he fired into the ground near the girl after coming under fire in a dangerous area," but that they did not explain why the officer shot into the ground rather than at the source of the fire.
Excerpts from the army statement read:
The officer was nevertheless temporarily suspended due to his poor relations with the soldiers under his command and operational failures. It was further noted that a decision on his career in the army would be given by the end of the week.
Lt. Gen. Moshe Yaalon, the army chief of staff, said repeatedly that the officer had acted properly under the circumstances.
Under the pressure generated by the public revelations of the soldiers, Israeli military police
launched a separate investigation.
That same month, the army formally charged the officer with two counts of illegally using his weapon, and one count each of obstruction of justice
, conduct unbecoming an officer and improper use of authority.
Lt. Gen. Moshe Yaalon conceded the first military investigation had been "a grave failure". The indictment against the officer alleged that the first investigation was the subject of an attempted coverup.
, the al-Hams family and the Public Committee Against Torture in Israel
(PCATI) petitioned the Israeli High Court of Justice in January 2005 to request that the investigation be turned over to civilian authorities. The court declined the request in February 2005.
Referred to in public only as Lieutenant R., (or Captain R.)
the officer maintained that when he reached the girl's body, he came under fire from Palestinian militants at least 300 yards (274.3 m) away and shot at the ground to deter the fire. In an interview with the Associated Press
, an Israeli military official stated that a soldier in the observation tower claimed the officer's fire was aimed at the girl's body and could offer no explanation as to why the officer shot into the ground rather than at the source of the fire.
Lieutenant R. was released from custody in February 2005 after a key prosecution witness, another IDF lieutenant, who had told the military police investigation that he saw R. fire two individual bullets, followed by a volley, into Al-Hams' body, admitted in cross-examination that he had not told the truth. Earlier, another lookout also retracted parts of his initial testimony against R.
Though Lieutenant R. had admitted firing two shots into the girl's body from close range to "verify the kill", he denied shooting subsequently. His lawyers, Yoav Meni and Elad Eisenberg, said the practice of "verifying the kill" was used regularly by the IDF to eliminate immediate threats.
Upon hearing the verdict, Captain R., burst into tears and turned to the public benches and said: "I told you I was innocent."
Iman's father, Samir al-Hams, responded to the verdict by saying that from the outset there was no intention to hold the officer accountable:
The Palestinian National Authority
condemned the verdict.
Two reservist officers appointed by Military Police Commander Brigadier General Roni Benny to examine the military police's conduct during the investigation determined that investigators acted unprofessionally and with negligence.
The two officers criticized the decision not to appoint a special investigation team led by higher-ranking, more experienced officials and also noted that the incident was not appropriately documented by the investigation.
The military police officer in charge of the investigation was reprimanded and the head of the investigation team was censured.
Captain R. also filed a libel suit against Dayan and Channel 2.
Palestinian people
The Palestinian people, also referred to as Palestinians or Palestinian Arabs , are an Arabic-speaking people with origins in Palestine. Despite various wars and exoduses, roughly one third of the world's Palestinian population continues to reside in the area encompassing the West Bank, the Gaza...
girl killed by Israel Defense Forces
Israel Defense Forces
The Israel Defense Forces , commonly known in Israel by the Hebrew acronym Tzahal , are the military forces of the State of Israel. They consist of the ground forces, air force and navy. It is the sole military wing of the Israeli security forces, and has no civilian jurisdiction within Israel...
(IDF) fire near a military observation post in a "no-man's" zone near the Philadelphi Route
Philadelphi Route
The Philadelphi Route refers to a narrow strip of land, 14 km in length, situated along the border between Gaza Strip and Egypt. Under the provisions of the Israeli-Egyptian peace treaty of 1979, the buffer zone was controlled and patrolled by Israeli forces. After the 1995 Oslo Accords,...
on 5 October 2004, in Rafah
Rafah
Rafah , also known as Rafiah, is a Palestinian city in the southern Gaza Strip. Located south of Gaza, Rafah's population of 71,003 is overwhelmingly made up of Palestinian refugees. Rafah camp and Tall as-Sultan form separate localities. Rafah is the district capital of the Rafah Governorate...
in the Gaza Strip
Gaza Strip
thumb|Gaza city skylineThe Gaza Strip lies on the Eastern coast of the Mediterranean Sea. The Strip borders Egypt on the southwest and Israel on the south, east and north. It is about long, and between 6 and 12 kilometres wide, with a total area of...
.
The IDF commander of the soldiers which shot her was accused by his comrades and Palestinian witnesses of using automatic fire into the girl's body as she lay wounded on the ground, a subject which was brought into investigation. The commander was found not guilty of illegal use of his weapon, conduct unbecoming an officer and perverting the course of justice by an Israeli military court.
Human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups cite her death as one of several incidents which illustrate a "culture of impunity" in the IDF.
Overview of the incident
Soldiers said they opened fire on the girl because they initially thought she was planting a bomb, although the tape recording of the radio conversation between soldiers at the scene reveals that, from the beginning, she was identified as a child and at no point was a bomb spoken about nor was she described as a threat. After she was hit, soldiers claimed the unit's commanding officer went up to her and kept on shooting her, despite their pleas to stop. No explosives or weapons were found on the girl's body. A search of her bag revealed that it was filled with textbooks.Palestinian witnesses
According to Umar Abu Khalifa, 25, "Israeli soldiers stormed the area, the girl left the bag and tried to run. Bullets hit the (girl's) bag and then soldiers opened fire on the girl."Palestinian witnesses reported that it was more than an hour before Israeli troops would allow medics to evacuate the body in an ambulance. At least fifteen bullets were found in the girl's body by Palestinian hospital officials.
Dr. Mohammed al-Hams, who inspected the child's body told The Guardian
The Guardian
The Guardian, formerly known as The Manchester Guardian , is a British national daily newspaper in the Berliner format...
newspaper that:
"She has at least 17 bullets in several parts of the body, all along the chest, hands, arms, legs ... The bullets were large and shot from a close distance. The most serious injuries were to her head. She had three bullets in the head.
Ehab Hams, an older brother of the slain girl, expressed his distrust of Israel
Israel
The State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
i military justice: "We demand the prosecution of Iman's killer (but) we do not trust the Israeli judicial system." He added, "My sister was an innocent little girl."
Israeli documentary and audio recording of internal communications
A documentary screened nationwide on Ilana DayanIlana Dayan
Ilana Dayan-Orbach is an Israeli investigative journalist, anchorwoman, and attorney. She is best known as host of the investigative television program Uvda on the Israeli Channel 2.-Biography:...
's Uvda ("Fact") investigative program on Israel's Channel 2
Channel 2 (Israel)
Channel 2 is an Israeli commercial television channel.- History :In 1990, after 13 years of deliberations, the Knesset passed a law that paved the way for the establishment of commercial television in Israel. The goal was to enhance pluralism and create competition. Channel 2 began broadcasting on...
aired an audio recording of the internal communications between soldiers at the post at the time of the incident.
According to the audio recording, the soldiers of the Givati Brigade identified the victim as "a girl, about 10 years old," describing her as looking "scared to death". Another soldier is heard saying, "Our forces are attacking her", and a lookout says "One of the positions has taken her down." The Givati Brigade company commander, Captain R., is then heard saying "We operated on her. Yes, it seems she has been hit." He later states that he "verified" the killing, and clarifies his actions by stating that:
"This is commander. Anything that's mobile, that moves in the zone, even if it's a three-year-old, needs to be killed. Over."
Israeli soldiers interviewed in the documentary, and whose anonymity was maintained, submitted that their commander had knowingly shot the girl in the head at close range and then emptied his magazine of bullets into her body to "confirm the kill." One of the soldiers said:
"We saw her from a distance of 70 meters. She was fired at ... from the outpost. She fled and was wounded."The soldiers then explained how while Iman was lying wounded about 70 m from the Israeli guard post, the commander fired two bullets at her head from close range. They also stated that the commander returned to her body again, put his weapon on the automatic setting, and emptied his entire magazine into her body, disregarding their objections over the walkie-talkie.
One of the soldiers said:
"We couldn't believe what he had done. Our hearts ached for her. Just a 13-year-old girl ... How do you spray a girl from close range? He was hot for a long time to take out terrorists and shot the girl to relieve pressure."
First internal investigation
On 11 October 2004, the BBCBBC
The British Broadcasting Corporation is a British public service broadcaster. Its headquarters is at Broadcasting House in the City of Westminster, London. It is the largest broadcaster in the world, with about 23,000 staff...
reported that Israel's top military prosecutor was investigating the army commander for repeatedly firing at the lifeless body of the young girl. The report stated that according to Haaretz
Haaretz
Haaretz is Israel's oldest daily newspaper. It was founded in 1918 and is now published in both Hebrew and English in Berliner format. The English edition is published and sold together with the International Herald Tribune. Both Hebrew and English editions can be read on the Internet...
newspaper, "confirming the kill" (i.e. shooting combatants at close range to make sure they are dead) goes against Israeli military regulations governing the rules of engagement. On 13 October 2004, CBS
CBS
CBS Broadcasting Inc. is a major US commercial broadcasting television network, which started as a radio network. The name is derived from the initials of the network's former name, Columbia Broadcasting System. The network is sometimes referred to as the "Eye Network" in reference to the shape of...
reported that the army had suspended the officer during the investigation. On 15 October 2004, it was reported that the officer was cleared of responsibility in the shooting.
The BBC reported that army officials had accepted the commander's claim that "he fired into the ground near the girl after coming under fire in a dangerous area," but that they did not explain why the officer shot into the ground rather than at the source of the fire.
Excerpts from the army statement read:
"The investigation did not find that the company or the company commander had acted unethically ... The investigation concluded that the behaviour of the company commander from an ethical point of view does not warrant his removal from his position."
The officer was nevertheless temporarily suspended due to his poor relations with the soldiers under his command and operational failures. It was further noted that a decision on his career in the army would be given by the end of the week.
Lt. Gen. Moshe Yaalon, the army chief of staff, said repeatedly that the officer had acted properly under the circumstances.
Under the pressure generated by the public revelations of the soldiers, Israeli military police
Israeli Military Police
The Military Police Corps of the Israel Defense Forces is the Israeli military police and provost. The military police serves the Manpower Directorate during peace time, and the Technological and Logistics Directorate during war....
launched a separate investigation.
Second internal investigation
On 18 November 2004, the Israeli army requested the family's permission to exhume Hams' body. The earlier accusations made by the soldiers against their commanding officer of engaging in the outlawed practice of "verifying the kill" had regained currency. The Sydney Morning Herald reported that it was not known whether the girl was already dead or had merely been wounded before being repeatedly shot again.That same month, the army formally charged the officer with two counts of illegally using his weapon, and one count each of obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
, conduct unbecoming an officer and improper use of authority.
Lt. Gen. Moshe Yaalon conceded the first military investigation had been "a grave failure". The indictment against the officer alleged that the first investigation was the subject of an attempted coverup.
Military tribunal
After the commencement of the military tribunalMilitary tribunal
A military tribunal is a kind of military court designed to try members of enemy forces during wartime, operating outside the scope of conventional criminal and civil proceedings. The judges are military officers and fulfill the role of jurors...
, the al-Hams family and the Public Committee Against Torture in Israel
Public Committee Against Torture in Israel
The Public Committee Against Torture in Israel is an Israeli human rights organisation specifically dedicated to combating torture, and cruel, inhumane and degrading treatment and punishment...
(PCATI) petitioned the Israeli High Court of Justice in January 2005 to request that the investigation be turned over to civilian authorities. The court declined the request in February 2005.
Referred to in public only as Lieutenant R., (or Captain R.)
the officer maintained that when he reached the girl's body, he came under fire from Palestinian militants at least 300 yards (274.3 m) away and shot at the ground to deter the fire. In an interview with the Associated Press
Associated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, an Israeli military official stated that a soldier in the observation tower claimed the officer's fire was aimed at the girl's body and could offer no explanation as to why the officer shot into the ground rather than at the source of the fire.
Lieutenant R. was released from custody in February 2005 after a key prosecution witness, another IDF lieutenant, who had told the military police investigation that he saw R. fire two individual bullets, followed by a volley, into Al-Hams' body, admitted in cross-examination that he had not told the truth. Earlier, another lookout also retracted parts of his initial testimony against R.
Though Lieutenant R. had admitted firing two shots into the girl's body from close range to "verify the kill", he denied shooting subsequently. His lawyers, Yoav Meni and Elad Eisenberg, said the practice of "verifying the kill" was used regularly by the IDF to eliminate immediate threats.
Acquittal
On 15 November 2005, a military tribunal acquitted Captain R., clearing him of all the charges against him.Upon hearing the verdict, Captain R., burst into tears and turned to the public benches and said: "I told you I was innocent."
Iman's father, Samir al-Hams, responded to the verdict by saying that from the outset there was no intention to hold the officer accountable:
"They did not charge him with Iman's murder, only with small offences, and now they say he is innocent of those even though he shot my daughter so many times ... This was the cold-blooded murder of a girl. The soldier murdered her once and the court has murdered her again. What is the message? They are telling their soldiers to kill Palestinian children."
The Palestinian National Authority
Palestinian National Authority
The Palestinian Authority is the administrative organization established to govern parts of the West Bank and Gaza Strip...
condemned the verdict.
Military police investigation into first investigation
In February 2006, Ha'aretz newspaper reported that a military police internal investigation found that there were major failures in the October 2004 investigation into the killing of al-Hams..Two reservist officers appointed by Military Police Commander Brigadier General Roni Benny to examine the military police's conduct during the investigation determined that investigators acted unprofessionally and with negligence.
The two officers criticized the decision not to appoint a special investigation team led by higher-ranking, more experienced officials and also noted that the incident was not appropriately documented by the investigation.
The military police officer in charge of the investigation was reprimanded and the head of the investigation team was censured.
Compensation and promotion to rank of major
Subsequent to his acquittal, Captain R., was promoted to the rank of major. In March 2006, he received 82,000 New Israel Shekels (roughly $17,000) to compensate him for his defense expenditures and time spent in jail.Captain R. also filed a libel suit against Dayan and Channel 2.
See also
- List of Palestinian civilian casualties in the Second Intifada
- Children in the Israeli–Palestinian conflictChildren in the Israeli–Palestinian conflictChildren in the Israeli-Palestinian conflict refers to the impact of the Israeli-Palestinian conflict on minors in Israel and the Palestinian territories.-Casualty figures:...
- Muhammed al-Dura
- Faris OdehFaris OdehFaris Odeh was a Palestinian boy shot dead by the Israel Defense Forces near the Karni crossing in the Gaza Strip while throwing stones in the second month of the Al-Aqsa Intifada....
- Khalil al-MughrabiKhalil al-MughrabiKhalil al-Mughrabi, a Palestinian boy aged 11, was killed on 7 July 2001, by shots fired from an Israel Defense Forces tank while Khalil was playing soccer with his friends in Rafah. His two friends, aged 10 and 12, were also injured. Though internal documents indicated otherwise, the IDF said no...
External links
- The Case of Captain R (Counterpunch reprint of article in Ha'aretz)
- Israeli Army Chief 'Emptied His Magazine' at Girl in Gaza (Common Dreams)
- the trial of Captain R VS Ilana Dayan's "invastigation" on her TV program