The family of Alon Lulu Shamriz, who was abducted to Gaza on October 7 and accidentally shot dead by IDF soldiers in the tragic incident that occurred a few days ago, asked to be recognized as an IDF martyr – and was refused by the army.
Shamriz was killed by IDF gunfire along with two other Israeli abductees – Yotam Haim and Samer Fouad al-Talalqah. The three emerged from a building in the Sajaiya neighborhood holding a white flag and were shot to death in violation of the open-fire regulations.
The funeral of Alon Shamriz, the kidnapped man who was accidentally shot dead, photo: None
The Families of Soldiers Killed in Battle (Remuneration and Rehabilitation) Law, which dates back to 1950, defined who soldiers perished in battle, which family members are entitled to compensation and rehabilitation, payment arrangements, rehabilitation regulations and more.
In order to enter under the wings of the law, and in order for a family that lost a soldier during his service to be recognized as a bereaved family entitled to this support, it must meet the following conditions – the casualty fell during his military service or in the security forces (for example, compulsory, permanent, reserve service, in the police, IPS, Shin Bet, Mossad, etc.) or the soldier was recognized as a "soldier who perished in battle" as a result of injury, illness or aggravation of illness that occurred during his service and as a result of his service.
Attorney Eli Saban, Photo: Nati Hadad
Attorney Eli Saban, an expert in the field, emphasizes that in addition, a parent, widow or orphan who will be recognized as "bereaved" according to the Families of Soldiers Killed in Battle Law are entitled to receive benefits and benefits from the services of the Families and Commemoration Division, when the scope and nature of the benefits differ between bereaved parents, a widow and an orphan. In order to receive this recognition, the disabled person must be recognized as a disabled IDF veteran who died due to his recognized disability. and proved by the plaintiffs a causal relationship between the recognized disability and death.
Saban added that a fallen prisoner can be recognized as a victim of hostilities through the National Insurance Institute. The Compensation Law for Victims of Hostilities was enacted in order to ensure the social benefits of victims of hostilities and their families. This law is intended to compare the rights of victims of hostilities among the civilian population with the rights and services provided to IDF soldiers and bereaved families under the care of the Ministry of Defense. "Recognizing fallen captives under the Bereaved Families Law may blur the recognition between civilians and members of the security forces, create a precedent and force recognition of all the martyrs killed in these circumstances," Saban said, adding: "It is important to note that there are isolated and exceptional cases that were recognized in the past before the law under the Bereaved Families Law (such as firefighters who perished in the Carmel disaster and an officer who died in a military prison even though he died as a civilian)."
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