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Wednesday, Feb. 22 '17, כ"ו בשבט תשע"ז
HEADLINES:
1. IDF CHIEF OF STAFF: POLITICIANS LIED
2. DEPUTY FOREIGN MINISTER: PARDON ELOR AZARIYA
3. MILITARY COURT SLAMS YAALON FOR RUSHING TO CONDEMN AZARIYA
4. WATCH: NETANYAHU GREETED BY SYDNEY'S JEWISH COMMUNITY
5. 'IDF SHOULD WORK ON WINNING WARS, NOT COURT CASES'
6. KNESSET TAKES CLOSER LOOK AT STAFFERS' SKIRTS
7. 'WHAT KIND OF PALESTINIAN STATE DO YOU WANT EXACTLY?'
8. TRAIN CRASH IN PENNSYLVANIA LEAVES 4 INJURED
1. IDF CHIEF OF STAFF: POLITICIANS LIED
by Hezki Baruch
IDF Chief of Staff Gadi Eizenkot responded to criticism of his handling of the Elor Azariya investigation at a hearing in the Knesset's Foreign Affairs and Security Committee on Wednesday, slamming what he called "politicians' lies".
Eizenkot told the committee that calls by MKs to grant a pardon to Sgt. Elor Azariya, convicted in January of manslaughter and sentenced this week to 18 months in prison, harmed the ability of the army's internal judiciary to function independently.
"I first spoke out about this on the 'Kol Shel Ima' program about five weeks after the [Azariya] story exploded," said Eizenkot, adding that people "need to let the army court system do its work. There are procedures for providing pardons or lightening punishments, and they will be used according to the rules, not based on calls by politicians looking for votes."
Eizenkot drew criticism from supporters of Azariya and some right-wing MKs for comments made shortly after the shooting.
"An 18-year old man who enlists in the IDF is a soldier, not everyone's son," said Eizenkot.
2. DEPUTY FOREIGN MINISTER: PARDON ELOR AZARIYA
by Arutz Sheva Staff
Deputy Foreign Minister Tzipi Hotovely (Likud) on Wednesday wrote a letter to Israeli President Reuven Rivlin asking him to pardon convicted IDF soldier Elor Azariya.
Azariya was convicted of manslaughter in January, and sentenced on Tuesday to 18 months in prison for shooting a terrorist suspected of having an explosive vest.
In her letter, Hotovely noted a possible precedent for pardoning Azariya, and said the case deserved Rivlin's intervention.
"We need to ensure the nation's unity and their belief in IDF soldiers," Hotovely wrote. "There is no question we need to ensure proper firing protocols, but Elor Azariya's case is unique. He is a young soldier who ended up at the scene of a terror attack during a cruel terror wave. Both the right and the left agree he should be pardoned."
Other ministers and MKs also expressed their support for the pardon.
Interior Minister Aryeh Deri (Shas) told Radio Moreshet, "There are cases in which we need to use logic. Azariya needs to be pardoned.
"The family has gone through hell, and we need to take the trial off their heads. They got the message. Everyone got the message. The IDF has firing protocols and will not allow anyone to ignore them.
"I want the Azariya family, and the soldier who has done his work well and paid such a heavy price, to be immediately pardoned. There is no reason for him to sit in jail even one day. He has already been imprisoned, and for him, this entire period has been one huge jail."
3. MILITARY COURT SLAMS YAALON FOR RUSHING TO CONDEMN AZARIYA
by Hillel Fendel
On Mar. 24 of last year, a video was circulated of the soldier Elor Azariya shooting and killing a bound Palestinian terrorist who had just perpetrated an attack that morning. Within hours, before any investigation of the incident had been made, then-Defense Minister Moshe Yaalon made the following statement: "[This incident] is very grave and is absolutely opposed to the values of the IDF and its warfare ethos. We must not allow, even when our blood is boiling, such loss of control. This incident will be treated with the utmost severity. It is our moral obligation to preserve the human image."
It was precisely these remarks, and others, that the military tribunal determined should not have been said. In clauses 85 and 86 of today's ruling, the judges wrote:
"Very shortly after the incident, the then-Defense Minister, the Chief of Staff, and the IDF Spokesman made remarks that included the strong opinion regarding the import of [Azariya's] action and the ethical stain that it left. At that point, the Military Police investigation of the incident had just started. There can be no argument that the senior military echelons are permitted, and are sometimes obligated [emphasis in the original], to express their immediate and clear positions on issues on the public agenda. However, regarding incidents under criminal investigation, it is proper to wait until the factual picture becomes clear. And if it is necessary to make such remarks at such an early stage, they should be moderated and qualified regarding the results of the investigation…
"Such remarks have a broad impact on public opinion and on the public trust in the judicial authorities. Respect for the principle of separation of powers requires restraint and great caution in remarks made regarding issues being dealt with in court, and the violation of this obligation is liable to cause great harm to the principles on which Israel's democracy is founded.
"It is clear, as such, that terming [Azariya's] action as such that oppose IDF values before the termination of the investigation were liable to harm him. We felt that this matter justifies some consideration in the determination of the sentence…"
The family of Elor Azariya was quick to protest Yaalon's remarks on the day of the shooting and afterwards, saying that he was "waging a campaign to convict our son, at our son's expense."
Minister Naftali Bennett, head of the Jewish Home party, at the time criticized Yaalon, as well as some similar but weaker remarks made by Prime Minister Netanyahu that he later toned down, making a point of phoning the soldier's family: "The political leadership, including Netanyahu and Yaalon, all jumped to convict the soldier even before the IDF investigation began. It cannot be that a B'Tzelem video clip, which brought only part of the picture, causes everyone to dance only to its tune."
On the other hand, MK Benny Begin (Likud) defended Yaalon at the time, saying – in clear contrast with the military court – that Yaalon had done the public a great service: "The citizens should hear clearly the limits of the use of power. Moshe Yaalon is one of the important leaders of Israel and of the Likud… Harming him is like harming the Likud."
Yaalon responded this afternoon to the judges' words, apportioning blame - as he has done ever since he was fired several months ago - equally to Prime Minister Netanyahu. He said, "The Prime Minister, the Chief of Staff and I all knew right away after the initial investigation that this was an irregular incident. Therefore we jointly decided and issued a joint statement several hours after it, in order to prevent a flare-up in the field." He did not explain what flare-up he expected or prevented. In any event, the news reports of that day attribute Yaalon's remarks solely to him, and not to any other public figure.
4. WATCH: NETANYAHU GREETED BY SYDNEY'S JEWISH COMMUNITY
by Arutz Sheva Staff
[youtube:2024988]
Prime Minister Binyamin Netanyahu met with members of Sydney's Jewish community on Wednesday, during the first ever state visit of Australia by a sitting Prime Minister.
Netanyahu praised the community, and said the gathering was "a very moving meeting with our brothers and sisters in the Jewish community of Sydney, Australia."
"I salute them for their commitment and for their support for Israel and the Jewish people."
"You have been stalwart champions of our alliance. Israel and Australia are two vibrant democracies."
Among the attendees of the meeting were former Australian Prime Ministers John Howard and Tony Abbott, both members of the Liberal Party and noted supporters of the State of Israel.
"I want to bring all of you greetings from Jerusalem, our eternal capital – never to be divided again," said the Prime Minister, to raucous applause.
Netanyahu also praised Prime Minister Malcolm Turnbull, saying "there is no better friend for the State of Israel."
"It's an honor to be the first Israeli Prime Minister to visit Australia. I have to say that I hope the next trip doesn't take another 68 years."
5. 'IDF SHOULD WORK ON WINNING WARS, NOT COURT CASES'
by Arutz Sheva Staff
According to Israel Hayom writer Boaz Bismuth, the saga of convicted IDF soldier Elor Azariya's trial will not end until he is pardoned.
"The only reason the public knows about the fact that an IDF soldier shot a wounded terrorist in the head is because of B'tselem's cameras," Bismuth wrote. "That's what made the difference.
"If it were not for the fact that we live in a conscious age - it could very well be that this trial and conviction would never have happened. This incident happened in a threatening situation, when a terrorist needed to be neutralized.
"Elor Azarya would still have had to justify his actions, but not in court. Instead, he would have had an internal trial, within his battalion. But just like these events, which were taken out of proportion, the choice to take Azariya to a court resulted in much harm to the army and to the 'battle for the consciousness' of the public. And this failure has caused a lot of damage.
"This 'consciousness' needs to be saved. We had an extraneous trial which caused us to lose control and caused politicians and others with personal interests to interfere in the army. It's caused a storm on the internet... We've lost the battle for the Israeli public's awareness.
"The relatively light punishment - 18 months - does not fit with the conviction of manslaughter, and this only raises the level of confusion. Is the IDF truly is the Defense Force of Israel, or is it a Defense Force for Awareness? Any civilian will tell you that the IDF's job is first of all to win, and only then to lecture. Even the judges who sent Azariya to jail will tell you that they sent him to jail only because they were told to by officials.
"No one waited for the actual investigation to be concluded, and no one waited to hear the results. Instead, they immediately tagged Azariya's bullet as something which harms the IDF's morals.... This trial has exposed all of the extremism our society has.
"Sure it would have been better if Azariya had not fired his shot. And it would have been even better if the terrorist had not carried out a terror attack, and even better if there didn't have to be a war. But it looks like we're about to have another Gaza war, so let's hope the that IDF will think of only one thing while they fight: Winning the war, not the court.
"Because even B'tselem's cameras can't change the truth."
6. KNESSET TAKES CLOSER LOOK AT STAFFERS' SKIRTS
by AFP
The Knesset will retain a contentious dress code banning short skirts, but will make its enforcement and sanctions against offenders gradual, a committee of MKs and Knesset staff members ruled.
The decision on Tuesday came after staffers had demonstrated in December when colleagues who wore skirts deemed too short were barred from entering the building. This lead to a group of leftist MKs to protest the dress code by arriving at the Knesset in inappropriate attire.
The staffers said that security guards at the Knesset, had started to strictly enforce rules on the length of skirts without giving a reason.
The committee was subsequently formed to examine the issue.
"It was agreed that the dress code would remain in place. At the same time it was decided to create an enforcement mechanism including issuing warnings before denial of entry to the building," a Knesset statement said.
Offending staff members will get two warnings about inappropriate dress and would only be denied entry if there was a third occasion.
"Arrival at the Knesset should be in proper and dignified attire," the statement added. "One should not arrive in clothing which does not show respect for the Knesset, such as T-shirts, crop-tops, shorts, sandals, short dresses or skirts, tracksuits."
It said that shirts bearing political slogans were also banned. Though the dress code does not specify what is an appropriate skirt length, miniskirts are not allowed to be worn.
7. 'WHAT KIND OF PALESTINIAN STATE DO YOU WANT EXACTLY?'
by Arutz Sheva Staff
[youtube:2024965]
Prime Minister Binyamin Netanyahu slammed the demand by two former Australian Prime Ministers that their nation recognize the Palestinian Authority as a sovereign state.
Former Labor premiers Kevin Rudd and Bob Hawke issued statements ahead of Netanyahu's state visit to Australia, calling for the recognition of Palestinian statehood.
Speaking at a press conference in Sydney with Australia's incumbent Prime Minister, Malcolm Turnball, Wednesday, Netanyahu rebuked the demand, pointing out that the Palestinian Authority still advocates Israel's destruction and incites violence against Jews.
"I ask both former prime ministers to ask a simple question: What kind of state will it be that they are advocating? A state that calls for Israel's destruction? A state whose territory will be used immediately for radical Islam?"
A final status arrangement, Netanyahu continued, must be based on direct negotiations, provide for Israeli security control over the area, and require of the Palestinian Authority full recognition of Israel as a Jewish state, a total rejection of anti-Israel incitement, and an end to calls for the dismantling of Israel.
"We have to ensure that Israel has the overriding security control of all the territories, all the territories. Other than that, I want the Palestinians to be able to govern themselves and to have all the freedoms to do so, but not the freedom to destroy the Jewish state."
Prime Minister Turnbull, who met with Netanyahu on Wednesday, published an article ahead of the Israeli leader's visit, pledging his support for the two-state solution.
In the piece, Turnbull called for Israel and the Palestinian Authority to negotiate a final status agreement putting to the end of the conflict, "so that Palestinians will have their own state and the people of Israel can be secure within agreed borders."
Turnbull also condemned December's United Nations Security Council resolution condemning Israel communities in Judea, Samaria, and eastern Jerusalem, and blasted efforts to boycott Israel.
8. TRAIN CRASH IN PENNSYLVANIA LEAVES 4 INJURED
[twittervideo:2024976]
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