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Iman Darweesh Al Hams

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Iman al-Hams
Iman al-Hams

Iman Darweesh Al Hams, a 13-year-old schoolgirl, was killed by Israel Defense Force (IDF) troops near an observation post on October 5, 2004 in Rafah, Gaza Strip, during Operation Days of Penitence. The operation, conducted between September 29 and October 15, 2004, was an Israeli counter insurgency military offensive into Gaza population centers, whose objectives were to root out Palestinian militants within the area.



Death Controversy

Controvery has developed over Druze (IDF) Givati Brigade company commander Captain R's role in the killing, resulting in an investigation which him cleared of murder charges. The controversy originated from a statement by two company soldiers, who claimed that the commander killed Iman Al Hams as she was lying wounded on the ground, and then emptied an entire clip into her body in a banned IDF military convention unofficially known as "confirming the kill".

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 banned to Palestinians by Israeli military authorities. Suspecting that the bag contained a bomb, soldiers fired and hit the figure. The company commander, "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.

Parallel to the Southern Front's investigation, a separate Military Police investigation was initiated. As a result of the MP investigation's conlcusions, an Israeli military court indicted "Captain R" on five charges on November 22 2004; two counts of illegally using his weapon, and one count each of obstruction of justice, conduct unbecoming an officer, and improper use of authority.

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."

"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," one of the soldiers was quoted as saying.

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."

Palestinian pathologists later recovered 20 bullets from Al Hams' body. “Captain R” claimed that Palestinian snipers opened fire at his unit outside the post, hitting the weapon of one of his soldiers. The soldiers returned fire and the company commander fired "a number of shots aiming at the ground," reportedly to cover his units retreat to their post.

Israeli army radio, Gali Tzahal, quoted one soldier as saying that the "Captain R" was "waiting impatiently to see an Arab pass by to kill him."

On March 6, 2005, a video tape from the event revealed a Palestinian man about 50 meters from the girl, walking away from the scene toward the houses of Rafah. "Captain R"'s lawyer claimed it was a militant, who had probably sent the girl to the "No man's land" as a decoy or bait. , (Ynet)

Later, one of the key witnesses who testified that he saw "Captain R" shooting at the girl, admitted he lied in order to frame his commander. As a result, in February 2005, the military court agreed to the release "Captain R" to house-arrest and return his IDF-issued weapon to him.

Internal investigation conclusions

The investigation criticized "Captain R's" decision to leave the post and the failure of his men to see and identify the girl sooner. The IDF investigation did not consider "Captain R's" behavior a breach of IDF ethical standards or sufficient cause for the commander's dismissal.

Nevertheless, "Captain R" was suspended after the investigation concluded he showed "a failure of leadership," citing unruly 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.

See also

External links

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