Iman Darweesh Al Hams

Iman Darweesh Al Hams (Arabic: ايمان درويش الهمص ʾĪmān Darwīsh al-Hamṣ; also Iyman) (1991 – 5 October 2004) was a 13-year-old Palestinian girl killed by the Israel Defense Forces (IDF) fire on 5 October 2004, in Rafah, Gaza Strip.

The IDF commander of the soldiers who shot her was accused by his comrades and Palestinian witnesses of using automatic fire to deliberately shoot her repeatedly, a subject which was brought into investigation.

During trial, he expressed no regret over his actions and said he would have done the same even if the girl was a 3-year-old.

His legal team argued that the "confirmation of the kill" after a suspect is shot was a standard Israeli military practice to eliminate terrorist threats.

The commander was charged with illegal use of his weapon, conduct unbecoming an officer and perverting the course of justice by an Israeli military court but was found not guilty.

Human rights groups cite her death as one of several incidents which illustrate a "culture of impunity" in the IDF.

Soldiers said they opened fire on the girl because they initially thought she was planting a bomb, although the tape recording of the radio conversation between soldiers at the scene reveals that, from the beginning, she was identified as a child and at no point was a bomb spoken about nor was she described as a threat.

After she was hit, soldiers claimed the unit's commanding officer went up to her and kept on shooting her, despite their pleas to stop.

No explosives or weapons were found on the girl's body.

A search of her bag revealed that it was filled with textbooks.

According to Umar Abu Khalifa, 25, "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 witnesses reported that it was more than an hour before Israeli troops would allow medics to evacuate the body in an ambulance.

At least fifteen bullets were found in the girl's body by Palestinian hospital officials.

Dr. Mohammed al-Hams, who inspected the child's body told The Guardian newspaper that:"'She has at least 17 bullets in several parts of the body, all along the chest, hands, arms, legs ... The bullets were large and shot from a close distance. The most serious injuries were to her head. She had three bullets in the head."

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."

He added, "My sister was an innocent little girl."

A documentary screened nationwide on Ilana Dayan's Uvda (TV program) ("Fact") investigative program on Israel's Channel 2 aired an audio recording of the internal communications between soldiers at the post at the time of the incident.

According to the audio recording, the soldiers of the Givati Brigade identified the victim as "a girl, about 10 years old", describing her as looking "scared to death".

Another soldier is heard saying, "Our forces are attacking her", and a lookout says "One of the positions has taken her down."

The Givati Brigade company commander, Captain R., is then heard saying "We operated on her. Yes, it seems she has been hit."

He later states that he "verified" the killing, and clarifies his actions by stating that:"'This is commander. Anything that's mobile, that moves in the zone, even if it's a three-year-old, needs to be killed. Over.'"

Israeli soldiers interviewed in the documentary, and whose anonymity was maintained, submitted that their commander had knowingly shot the girl in the head at close range and then emptied his magazine of bullets into her body to "confirm the kill."

One of the soldiers said: "'We saw her from a distance of 70 meters. She was fired at ... from the outpost. She fled and was wounded.'" The soldiers then explained how while Iman was lying wounded about 70 m from the Israeli guard post, the commander fired two bullets at her head from close range.

They added that the commander returned to her body again, put his weapon on the automatic setting, and emptied his entire magazine into her body, disregarding their objections over the walkie-talkie.

One of the soldiers said:"'We couldn't believe what he had done. Our hearts ached for her. Just a 13-year-old girl ... How do you spray a girl from close range? He was hot for a long time to take out terrorists and shot the girl to relieve pressure.'"

On 11 October 2004, the BBC reported that Israel's top military prosecutor was investigating the army commander for repeatedly firing at the lifeless body of the young girl.

The report stated that according to Haaretz newspaper, "confirming the kill" (i.e. shooting combatants at close range to make sure they are dead) goes against Israeli military regulations governing the rules of engagement.

On 13 October 2004, CBS reported that the army had suspended the officer during the investigation.

On 15 October 2004, it was reported that the officer was cleared of responsibility in the shooting.

The BBC reported that army officials had accepted the commander's claim that "he fired into the ground near the girl after coming under fire in a dangerous area," but that they did not explain why the officer shot into the ground rather than at the source of the fire.

Excerpts from the army statement read:"'The investigation did not find that the company or the company commander had acted unethically ... The investigation concluded that the behaviour of the company commander from an ethical point of view does not warrant his removal from his position.'"

The officer was nevertheless temporarily suspended due to his poor relations with the soldiers under his command and operational failures.

It was further noted that a decision on his career in the army would be given by the end of the week.

Lt. Gen. Moshe Yaalon, the army chief of staff, said repeatedly that the officer had acted properly under the circumstances.

The Israeli military police launched a separate investigation.

On 18 November 2004, the Israeli army requested the family's permission to exhume Hams' body.

The earlier accusations made by the soldiers against their commanding officer of engaging in the outlawed practice of "verifying the kill" had regained currency.

The Sydney Morning Herald reported that it was not known whether the girl was already dead or had merely been wounded before being repeatedly shot again.

That same month, the army formally charged the officer with two counts of illegally using his weapon, and one count each of obstruction of justice, conduct unbecoming an officer and improper use of authority.

Lt. Gen. Moshe Yaalon conceded that the first military investigation had been "a grave failure".