Justices David Mintz, Yael Wilner and Ofer Grosskopf today (Sunday) rejected the petition filed by the parents of the late Alon Lulu Shamriz against the head of the Personnel Division, the Chief of Staff and the Chief Military Attorney, requesting to recognize Alon as an IDF martyr, to bring him to a military burial and to recognize his parents as bereaved parents, following his accidental death by IDF fire in the Gaza Strip after he managed to escape his captors.
The decision was based on the legal determination that the Soldiers’ Families Law and the Military Cemeteries Law set strict conditions for granting the status of an IDF martyr, and they require that the victim be a soldier on active duty at the time of his death, or a reserve soldier who was killed on his way to report.
Judge David Mintz noted in the ruling that, “even assuming that Alon was indeed called up for reserve duty… it is indisputable that due to the unfortunate circumstances of his abduction, he did not actually report for reserve duty nor was he on his way to such duty,” and therefore existing law does not allow for these remedies. The judges emphasized the immense appreciation for the actions of Alon in captivity.
Judge Ofer Grosskopf noted that Alon “acted in a manner worthy of all respect and appreciation – Alon Lulu Shamriz, who thanks to his training as a combat soldier in an elite unit, managed to courageously escape his captors and heroically lead his comrades to the edge of freedom.”
However, the court clarified that the legal front is limited to formal tests and that it is not possible to exercise editorial discretion that would exceed the legal framework. In addition, it was noted that following the work of a public committee established on the subject, a “unique response” was formulated for him and other abductees, including recognition, commemoration, and military insignia at ceremonies and memorial sites.
As mentioned, on the morning of October 7, 2023, Alon Shamriz was kidnapped from his home in Kibbutz Kfar Gaza by the terrorist group and elected government of Gaza, Hamas, and held captive in the Gaza Strip. On December 15, 2023, during days of fighting in the Shejaiya neighborhood, Alon and two other hostages managed to escape from their captors, but were accidentally shot dead by an IDF force that mistook them for terrorists. After their deaths, they were recognized as hostility victims.
His family appealed to the security establishment demanding that Alon be recognized as an IDF victim, based on his background as a reserve soldier in the Yahalom unit and the military experience he demonstrated in his escape from captivity. After their appeals were rejected on the grounds that he did not meet the formal legal requirements, the parents filed a petition with the High Court of Justice.
Throughout the process, an advisory committee was established under the direction of the Chief of Staff and with the approval of the Minister of Defense, which examined exceptional cases from the “Iron Swords” war, and the government adopted a dedicated recognition mechanism for these cases. When the parents refused to be satisfied with this and insisted on their demand for full recognition as IDF casualties, the legal hearing continued until the ruling was issued, finally rejecting the petition.