The IDF commander of the soldiers who shot her was accused by his comrades and Palestinian witnesses of using automatic fire to deliberately shoot her repeatedly, a subject which was brought into investigation.
[2] His legal team argued that the "confirmation of the kill" after a suspect is shot was a standard Israeli military practice to eliminate terrorist threats.
[2] The commander was charged with illegal use of his weapon, conduct unbecoming an officer and perverting the course of justice by an Israeli military court but was found not guilty.
"[9] A documentary screened nationwide on Ilana Dayan's Uvda ("Fact") investigative program on Israel's Channel 2 aired an audio recording of the internal communications between soldiers at the post at the time of the incident.
According to the audio recording, the soldiers of the Givati Brigade identified the victim as "a girl, about 10 years old", describing her as looking "scared to death".
"[5] Israeli soldiers interviewed in the documentary, and whose anonymity was maintained, submitted that their commander had knowingly shot the girl in the head at close range and then emptied his magazine of bullets into her body to "confirm the kill.
"[10] The soldiers then explained how while Iman was lying wounded about 70 m from the Israeli guard post, the commander fired two bullets at her head from close range.
"[10]On 11 October 2004, the BBC reported that Israel's top military prosecutor was investigating the army commander for repeatedly firing at the lifeless body of the young girl.
[10] The report stated that according to Haaretz newspaper, "confirming the kill" (i.e. shooting combatants at close range to make sure they are dead) goes against Israeli military regulations governing the rules of engagement.
The investigation concluded that the behaviour of the company commander from an ethical point of view does not warrant his removal from his position.
[19] The earlier accusations made by the soldiers against their commanding officer of engaging in the outlawed practice of "verifying the kill" had regained currency.
[17] After the commencement of the military tribunal, the al-Hams family and the Public Committee Against Torture in Israel (PCATI) petitioned the Israeli High Court of Justice in January 2005 to request that the investigation be turned over to civilian authorities.
Earlier, another lookout also retracted parts of his initial testimony against R, attributed by human rights groups to heavy behind-the-scenes military pressure.
[21][22] Though Lieutenant R. had admitted firing two shots into the girl's body from close range to "verify the kill", he denied shooting subsequently.
[7] His lawyers, Yoav Meni and Elad Eisenberg, said the practice of "verifying the kill" was used regularly by the IDF to eliminate immediate threats.
The court ruled Dayan did not know that Captain R. was unaware that he was pursuing a child, and so should not be held liable for the news report.
[27] In 2010 a Jerusalem district court found the claim that "Captain R" had shot Al Hams multiple times to "verify" her death, made by Ilana Dayan in her Uvda ("Fact") TV show on Channel 2, to be libelous, and required them to air a correction and for production company Telad to pay ₪300,000.
[28] A 2012 decision by the Israeli Supreme Court acquitted Dayan and reduced the damages to ₪100,000, finding that the statements were "correct at the time of their broadcast", based on honest belief, verified facts and credible sources.