The High Court of Justice on Wednesday discussed a petition filed by the family of Alon Shamriz, one of the Gaza hostages mistakenly killed by IDF soldiers in December, to recognize Alon as a fallen soldier.
Shamriz’s family argues that on October 7, the day Alon was kidnapped, the IDF sent him an order calling him up for reserve duty. The State Attorney’s office, however, maintains that though Alon was indeed part of the reserves, he was not serving as a soldier at the time of his abduction, and thus, the law prohibits recognizing him as a fallen soldier.
After a closed-door hearing, the state announced Wednesday that it requested until Tuesday to notify the court whether it would offer the outline of a compromise on the matter.
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.
"It's a sad day," father says
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 it would be so natural for them to do on their own initiative.
“I’m placing my trust in the judges to do Alon justice and give him the recognition he deserves,” said the father, who has refused to have his son buried until he is recognized as a fallen soldier.
Jerusalem Post Staff contributed to this report.