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Iman Darweesh Al Hams

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Iman al-Hams

Iman Darweesh Al Hams, was a 13-year-old Palestinian schoolgirl who was shot repeatedly and killed by Israel Defense Force (IDF) troops on October 5, 2004 in Rafah, Gaza Strip, during Operation Days of Penitence. The nature of this killing drew strong condemnation from Palestinians and raised questions in Israel as to the actions of the IDF as well as the army's ability to investigate Palestinian civilian casualties .

Documented evidence

The events of the shooting were documented on video by an Israeli cameraman and screened on Israel's Channel 2 nationwide. According to the video, the soldiers of the Givati Brigade identified the victim as "a girl, about 10 years old" and that she was "scared to death". Another soldier is then 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 heard saying ""We operated on her. Yes, it seems she has been hit." He later states that he "verified" the killing, and then adds "Anyone that moves in the zone, even if it is a 3-year-old boy, should be killed" .

Palestinian Witnesses

According to Omar Abu Khalifa, 25, a Palestinian witness, "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."

The Palestine Red Crescent Society reported that an ambulance had been called to evacuate an injured person, but Israeli forces had blocked it from entering the area. The body of a 13 year-old girl was later delivered by the IDF to another ambulance and taken to hospital. Palestinian pathologists reported that 20 bullets had penetrated Al Hams' body, including 5 in her head.

IDF investigation

According to an investigation by the IDF's Southern Front Command, soldiers spotted a figure carrying a bag at 0700 on the morning of October 5, as it approached the IDF Girit outpost along the Philadelphi Road in the Tel Sultan neighborhood of Rafah, an area allegedly banned to Palestinians by Israeli military authorities. Suspecting that the bag contained a bomb, soldiers fired and hit the figure. "Captain R", and members of his unit left the army post to "defuse the threat," only to discover that the threat was a young schoolgirl.

Israeli soldiers testified that the commander 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 was quoted as saying:

"We saw her from a distance of 70 meters. She was fired at and shot from the outpost. She tried to flee but was wounded badly. I understand she was dead. The commander walked toward her, he shot her with two additional bullets before returning to the outpost. Then he returned to the girl, put his weapon on automatic and -- ignoring our objections on the walkie-talkie – emptied his entire magazine into her body."

Another soldier reportedly testified, "Our hearts ached for her. Just a 13-year-old girl. How can anyone spray a girl from close range… The commander was hot for a long time to take out Arabs and shot the girl to relieve pressure."

It was revealed later that soldiers who had testified about "Captain R" had lied to the investigators in order to frame their commander "because he was a tough commander and often handed out harsh punishments . They revealed that other soldiers had initially taken part in the shooting of Iman al-Hams, not just their commander, and that the commander had not, as reported earlier, shot the girl from close range. Said one soldier to Ma'ariv:

"After we fired, the platoon commander went out to make sure she was dead. He fired only two bullets at her from a relatively distant point, fearing she was wearing a bomb belt. He then headed back to the outpost, but suddenly turned around and fired a long burst. I saw where the body was, and in which direction he fired. It wasn't even close . He fired towards Rafiah, in response to a burst of fire..."

A report in the Israeli daily "Yediot Aharonot" entitled "The video of the killing: Was the girl not alone?" claimed that, in the video that documented the shooting, another Palestinian can be seen in the distance. "Captain R"'s lawyer claimed it this was a militant who had sent the girl to the "No man's land" as a decoy or bait.

Internal investigation conclusions

On October 15, 2004, the IDF cleared "Captain R" of any wrongdoing, and found no evidence of unethical behavior.

"Verification of the kill" is not a specific crime in Israeli military law so "Captain R" was charged with "illegal use of a weapon." The Israeli military prosecutor explained that there was no basis to charge "Captain R" with manslaughter because prosecutors could not prove the bullets that killed Iman al-Hams had been fired by "Captain R". Prosecutors also decided not to charge the other soldiers at the outpost because the prosecutors accepted their claims that they believed they were shooting at a "terrorist" and not a young girl.

The investigation criticized "Captain R's" decision to leave the post and the failure of his men to see and identify the girl sooner. Yet, the IDF investigation did not consider "Captain R's" behavior a breach of IDF ethical standards or sufficient cause for the commander’s dismissal. The IDF accepted Captain R's claim that he had fired his automatic weapon towards the ground, not at the dead girl as alleged earlier.

Nevertheless, "Captain R" was suspended after the investigation concluded he showed "a failure of leadership," citing violent and uncontrolled behavior among veteran soldiers in the company, a severely strained relationship between them and the company commander, and the commander's inability to control them.

Ehab Hams, an older brother of the slain girl, expressed his distrust of Israeli military justice; "We demand the prosecution of Iman's killer (but) we do not trust the Israeli judicial system. My sister was an innocent little girl."

See also

External links

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