Two Israeli soldiers who used a nine-year-old Palestinian boy as a human shield were given suspended sentences and demoted earlier this week after being convicted of “inappropriate conduct”.
The unnamed soldiers, from the Givati Brigade, ordered Majed Rabah, from the Tel al-Hawa neighbourhood in Gaza City, to check bags for explosives in January 2009, towards the end of Israel’s three-week offensive.
The pair, who completed their compulsory military service 18 months ago, were convicted last month following a closed military trial that became a cause célèbre among soldiers who claim they are being victimised following international criticism of Israel’s actions during the war.
The Israel Defence Forces handbook forbids the use of human shields.
Both soldiers were given three-month sentences suspended for two years and were demoted from staff sergeant to sergeant. They had faced a maximum of three years in prison.
‘Difficult conditions’
The military judges said the soldiers did not have immunity for their actions but the court could not “ignore the difficult conditions in which fighters sent by Israel had to operate”.
The sentence — described as “light” by Army Radio — was criticised by the boy’s mother, Alaf Rabah.
“This is a scandal that encourages others to continue with this behaviour, sending a negative message to victims and soldiers,” she told the Ynet website. The family is considering civil action.
The soldiers’ lawyer, Ilan Katz, said he was satisfied with the outcome, adding that it showed a criminal trial was inappropriate.
Trauma
Majed was among dozens of men, women and children who were sheltering in a basement when the soldiers forced him to open a bag at gunpoint, according to the boy’s affidavit, given to Defence for Children International (DCI), which filed a complaint against the Israeli army.
“I thought they would kill me,” Majed said. “I became very scared and wet my pants. I could not shout or say anything because I was too afraid. I opened the bag as he pointed his weapon directly at me. I emptied the bag on the floor. It contained money and papers. I looked at him and he was laughing.”
The child is traumatised, his family said, and has been demanding that the door of their home be locked at all times.
Gerard Horton, of DCI, said: “The sentence shows that the army and military justice system does not take seriously its obligation to protect civilians.”
Sarit Michaeli, of the Israeli human rights group B’Tselem, said: “Although individual soldiers do bear responsibility if they have violated rules, this has to be accompanied by systematic examination of issues of policy, such as what constitutes a legitimate target, open-fire regulations, the types of weapons used and the targeting of public buildings.” — Guardian News & Media 2010