Iman Darweesh Al Hams

On October 5, 2004, Iman Darweesh Al Hams, a 13-year-old schoolgirl in Rafah, Gaza Strip of Palestine was shot repeatedly at close range by an Israel Defense Force (IDF) commander during Operation Days of Penitence, an Israeli military offensive into Gaza population centers conducted between September 29 and October 15, 2004 whose objectives were described as "anti-terrorist". After a one week investigation, the (IDF) Givati Brigade company commander, “Captain R,” was cleared of murder charges. Iman was one of an estimated 31 children among the Operation Days of Penitence Fatalities.

File:Iman alHams.jpg

Iman al-Hams

IDF Investigation

According to an IDF investigation, 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. The company commander 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."

"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.

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."

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."

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," before the group returned to their post.

IDF 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. 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.

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.

A separate Israeli military police investigation into the killing cleared "Captain R" of wrongdoing, accepting his claim that he had aimed his shots at the ground near where Iman lay. Two of his men claimed that the soldiers who had given damning testimony to the IDF were lying in order to frame their commander, while other soldiers claimed that they too had taken part in the shooting of Iman al-Hams, not just their commander [1].

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."

Military Court Indictment

On November 22 2004, an Israeli military court indicted "Captain R" on five charges; two counts of illegally using his weapon, and one count each of obstruction of justice, conduct unbecoming an officer, and improper use of authority.

On IDF recordings of the incident broadcast on Israel's Channel Two television, "Captain R" can be heard explicitly stating that he "verified the kill." The tape of the incident showed the soldiers at the outpost continuing to fire at the girl even after soldiers identified her as "about 10 years old."

According to the indictment, "'Captain R' charged the girl after she was shot and fired two rounds at her from close range. He began walking away, then turned around and shot her again. ... The accused stood similarly to the way he stood when he shot her twice - pointed his weapon downward and shot, this time on automatic, approximately 10 bullets until he emptied his magazine."

"Captain R" initially reported that Palestinian gunmen 300 meters away had fired at him as he approached the girl's body and that he shot at the ground to suppress the fire, a military official said. No adequate explanation was offered by the officer regarding why he would shoot at the ground instead of at those who were allegedly shooting at him.

"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. "Captain R", however, was recorded on tape at the time of the incident saying he shot "the girl," after he had heard on his field radio that the figure was a young girl and not a "terrorist". [2]