Court hears petition to recognize slain hostage as fallen soldier
The High Court of Justice on Wednesday heard a petition filed by the family of Alon Shamriz, one of the Gaza hostages mistakenly killed by IDF soldiers in December, to recognize him as a fallen soldier.
Shamriz’s family argues that on October 7, the day he was kidnapped, the IDF sent him a call-up order for reserve duty. The State Attorney says, however, that although Alon was part of the reserves, he was not serving at the time of his abduction and because of this, by law, he cannot be recognized as a fallen soldier.
The hearing was heard in camera and the state said it will notify the court by Tuesdat whether it will propose a compromise outline.
Justice Uzi Vogelman, deputy president of the High Court, said of the matter, “We are dealing here with an exceptional case.” The proposal, he said, “is not to ignore the law” but to find a resolution within its framework, adding that “there was a time when the Defense Ministry knew how to go beyond the letter of the law” in situations like this one.
“In normal times, I understand the desire to wait,” he said, “but we ought to find a humane solution to this case,” pointing out that the petitioners’ purpose was not to claim any financial entitlements, but rather a matter of principle.
The family’s attorney stressed this point, saying, “The family is not asking for financial relief – the parents are recognized as bereaved parents anyway. The value of this petition is symbolic; it is to allow Alon a military burial.” The attorney noted that Alon’s body is still in a temporary grave.
“It’s a sad day,” said Avi Shamriz, Alon’s father, “when I have to go to the High Court and sue the state and the army, to recognize my son as a fallen soldier, something that would be so natural for them to do at their own initiative.
“I’m placing my trust in the judges to do Alon justice and give him the recognition he deserves,” Alon’s father said.
He has refused to have him buried until he is recognized as a fallen soldier.