The IDF Military Court in Yehuda on Wednesday, 22 Marcheshvan, hearing the case of the murder of IDF reserve duty officer, Captain Eliav Gellman HY”D, at Gush Etzion Junction, decided not to convict Yousef Amru, 26, of murder, but convicted him of manslaughter instead. The court explained the acquittal in that it is impossible to determine that the terrorist actually arrived at Gush Etzion Junction in order to murder, and therefore it is not possible to establish the mental element necessary to convict on the offense of intentionally causing death – the crime of murder, under military law.

Amru, of the Southern Hebron Hills PA (Palestinian Authority) village of Dura hitchhiked to the scene and aroused the suspicion of the soldiers stationed at the junction when he began running towards them, pulling a knife. Gunfire rang out to neutralize him, and errant fire killed Captain Gellman.

Attorney Chaim Bleicher of the Honenu, which accompanies families of terror victims during legal proceedings, attacked the court’s decision. “The search for a terrorist’s psychological element when it is clear that the terrorist is part of the terror effort towards killing of Israelis is not understood and unacceptable. . We call on the prosecution to appeal the verdict so that the murderer will be punished.”

(YWN Israel Desk – Jerusalem)