Dear President Herzog,

I write to you in support of Minister of Defense Israel Katz’s principled request that you pardon Elor Azaria.

I firmly believe that Azaria’s sentence was grossly disproportionate. I’m also of the opinion that Azaria’s judicial mistreatment was tainted by political considerations having to do with the army’s desire to placate certain foreign powers, which wanted to tie the hands of our soldiers.

Moreover, the behavior of the then Ministers of Defense, Moshe Ya’alon and Avigdor Liberman and the Chief of Staff, LTG Gadi Eisenkot, only served to inflame and prejudice both popular and judicial opinion in this matter. In particular, the unethical behavior of the Military’s Legal Office was totally beyond the pale and should have served as a forewarning of what was eventually going to happen later under the command of MG Yifat Tomer-Yerushalmi.

But, having said this, let me be very clear about the following: I understand the need to maintain discipline in the ranks. The ultimate fate of terrorists that perpetrate murderou crimes should be determined by our courts. And now we have a new death penalty law covering terrorists who have committed murder.

However, I’m also aware of the fact that under the rules of war adopted by several states, a soldier may execute a so-called “illegal" combatant- a terrorist, in other words, on the field of battle. It is to our shame, Mr. President, that succeeding Israeli governments have blurred the distinction between a terrorist and a legitimate uniformed enemy, who, if captured, must be protected under the Geneva and Hague Conventions. I believe that this false moral and professional equivalency must be ended- especially after the atrocities carried out during 7 October by both Hamas, Gazan civilians, and other terrorist organizations.

This is why I feel- as do many others, that if Azaria were to be punished for violating army regulations, his sentence should have been far less than it was. Certainly, if he had murdered an incapacitated uniformed enemy soldier, Azaria should have been punished to the full extent of the law. But he didn’t do that! He killed a terrorist who he thought still presented a threat to his comrades.

Was he perhaps guilty of a lapse in judgement? As I wasn’t there at the time, I can’t bring myself to question the motives of a soldier who puts himself in harm's way to safeguard our national security. I honor such men and women, President Herzog. And I will never presume to stand in judgement of these heroes.

In conclusion, I implore you to please heed the request made by our Minister of Defense to pardon Elor Azaria. If you feel that he had had a lapse in judgement, it was only due to his overriding concern for the lives of both his comrades as well as his fellow citizens.

Thank you for your consideration of my request. May Hashem continue to safeguard the lives of our sacred warriors. And may Hashem continue to watch over and protect our nation. אמן.

Sincerely,

Jonathan Pollard