Supreme Court upholds decision not to appeal acquittal of officer who killed Iyad al-Hallak

Iyad al-Halak, who was killed by Border Police in 2022.

The Israeli Supreme Court issued a decision on Thursday in which it dismissed the petition filed by human rights organizations on behalf of the parents of Iyad al-Hallak,

The petition was against the decision of the Police Investigation Department and the State Attorney’s Office not to appeal the Jerusalem District Court’s ruling that acquitted an Israeli police officer who killed al-Hallak almost four years ago.

Al-Hallak was killed in May 2020 by a Border Police Officer in Jerusalem’s Old City while he was walking to the special needs school where he both worked and studied. He was 32 at the time of death.

According to the investigation, he noticed two police officers shouting and running toward him and immediately ran.

Police gave chase and fired two shots in al-Hallak’s direction. He kept running and eventually ran into a nearby shed, where another officer opened fire and shot him in the body, wounding him. Another officer reportedly shot al-Hallak while he was lying on the ground, killing him instantly.

Mother of Iyad al-Hallak, a 32-year-old special needs student who was shot and killed by a border police officer reacts after a court session at the District court in Jerusalem, July 6, 2023Yonatan Sindel/Flash90 (credit: YONATAN SINDEL/FLASH90)

Mother of Iyad al-Hallak, a 32-year-old special needs student who was shot and killed by a border police officer reacts after a court session at the District court in Jerusalem, July 6, 2023Yonatan Sindel/Flash90 (credit: YONATAN SINDEL/FLASH90)

Following a police investigation in October 2020, the officer who shot al-Hallak was criminally charged with manslaughter.

According to Adalah, an Arab minority rights group, criminal charges against police officers almost never occur. The officer was acquitted on all charges in July 2023.

The officer’s claim of “perceived self-defense” was accepted by the court as legitimate. Following the ruling, Adalah and Meezaan Organization for Human Rights (Nazareth) filed a petition on behalf of al-Hallak’s parents, claiming that the decision was extremely unreasonable and warranted Supreme Court review.

Setting a new precedent

The petition argued that the court’s ruling set new legal norms, and failing to challenge them would have significant legal consequences.

According to the petition, the decision effectively lowers the threshold for the justifiable use of lethal force by police officers, which could virtually eliminate all criminal accountability in cases where Palestinians are killed by law enforcement.

The petition argued that the judgment unreasonably expands the parameters of self-defense in criminal law, relying solely on the officer’s subjective perception of danger.

The Supreme Court reviewed the arguments and rejected the need for an appeal. Justices David Mintz, Khaled Kabub, and Ruth Ronnen handed down the judgment unanimously.

Unlike the US Supreme Court, most cases in the Israeli Supreme Court are overseen by three of the fifteen sitting justices, with only major cases receiving the full attention of the court.

The Supreme Court said that there was no basis for judicial interference and that it would only do so in highly exceptional and exceedingly rare cases.

The court rejected arguments that the Police or the State Attorney’s Office had been influenced by outside factors. The court also dismissed the petition’s assertion that it would set a legal precedent.