Israeli soldiers will not face criminal prosecution for the tragic incident involving an elderly Palestinian-American man. The man, Omar Assad, was stopped at a checkpoint, where he was subjected to harsh treatment by Israeli soldiers. He was dragged from his car, bound and blindfolded, and left unresponsive on the ground overnight. It is believed that he suffered a heart attack due to the stress caused by his mistreatment.
Palestinian leaders had called for the soldiers to be prosecuted in an international court, but Israel’s Military Advocate General, the Israeli army’s chief legal body, announced that the soldiers would only face disciplinary measures.
An autopsy conducted by Palestinian officials revealed that Assad had a history of heart problems and suffered cardiac arrest caused by stress. They attributed his condition to the rough handling by the Israeli soldiers. Assad passed away in January 2022. According to an Israeli military investigation, he was handcuffed with a zip tie, gagged, blindfolded, and left on the cold ground because he had allegedly refused to show identification at the checkpoint. The investigation also revealed that the soldiers mistakenly assumed Assad was asleep and did not offer him medical help when they noticed his unresponsiveness. They left him lying on the ground without checking his vital signs, and he was found dead in the early morning with a zip tie still around his wrist.
Israeli investigators claimed that the soldiers had to restrain Assad due to his “aggressive resistance.” However, Assad’s family expressed doubt that the actions of an ailing 80-year-old could justify such harsh treatment.
The Israeli military acknowledged the soldiers’ misconduct, stating that their actions did not align with the expected behavior of the Israeli military. However, they decided not to prosecute the soldiers based on an examination of the investigation materials, which did not establish a causal link between their conduct and Assad’s death. The military’s advocate general explained that it was impossible to determine that the soldiers’ actions specifically caused Assad’s death and that they could not have been aware of his medical condition.
As a result, two commanders involved in the incident would be dismissed and prohibited from holding senior military positions for two years. Another commander would be reprimanded, although no further details were provided.
Nawaf Assad, Omar’s brother living in the US, expressed no surprise at the decision not to file charges. He believes that Israel escapes accountability for its actions and still firmly believes that the soldiers acted criminally.
A report by the Israeli rights group Yesh Din revealed that Israeli forces faced prosecution in less than 1 percent of the numerous complaints filed against them for alleged offenses against Palestinians between 2017 and 2021. When soldiers were convicted of harming Palestinians, the military courts imposed extremely lenient sentences, indicating a reluctance to take appropriate action against crimes committed by soldiers.
Omar Assad was one of two US citizens killed by Israeli forces last year, along with journalist Shireen Abu Akleh from Al Jazeera. These cases sparked outrage within Arab-American communities, highlighting the failure of the US administration to hold Israel accountable and its continued unconditional support for the country.
Critics argue that the US treats different classes of American citizens, failing to provide equal protection to all. They believe that a thorough criminal investigation and full accountability are necessary in cases like Assad’s death. The US State Department expressed its concern and called for a thorough investigation at the time of the incident, stating that it closely monitors the case with the Israeli government.
American Muslims for Palestine, an advocacy group based in Washington, DC, criticized the Israeli investigation, questioning the claim that the mistreatment could not have led to Assad’s death. They argue that a criminal government cannot be trusted to prosecute its own crimes.
According to the Israeli investigation, dragging an 80 y/o man from his car, brutalizing him and leaving him for dead couldn’t have possibly led to his death. This is precisely why a criminal government cannot be trusted with prosecuting its own crimes. #OmarAssad https://t.co/FhZceCkrMH
— American Muslims for Palestine (@AMPalestine) June 13, 2023
