Doron Kadosh: The Key Unanswered Questions in the Case
1. When the terrorists got up from the ground and walked back toward the building, did they do so under the soldiers’ orders? Did the soldiers actually tell them to move? In the footage, one soldier, who is seen kicking the two terrorists for no apparent reason, gestures with his hands in a way that seems to signal them to stand and walk, but it’s unclear whether this was an explicit command.
2. Did the soldiers see anything that might have raised suspicion, such as a weapon or sharp object, that the terrorists could have picked up to attack the troops? There is a dark area at the building’s entrance that is difficult to see clearly in the video, though the soldiers on the ground may have had a better view.
3. How many soldiers fired? From the video alone, it is difficult to determine whether only one soldier fired on the terrorists or whether two or more soldiers discharged their weapons.
Kadosh adds: “My very cautious assessment is that we may be at the beginning of an Elor Azaria 2 situation. The characteristics, at least at first glance, are starting to resemble that case from nearly exactly a decade ago, minus four months.”
Kadosh explained:
- Soldiers’ Version: In preliminary debriefs, the soldiers claimed: “When the terrorists exited the building, we began conducting security clearance actions. We did not know if they were carrying weapons or explosives. We started giving them instructions for the clearance process, but the terrorists acted contrary to those instructions. At one point, one terrorist decided to re-enter the building against our orders, and the second followed him, which is why both were shot.”
- Body Cameras: The Border Police assault team involved in the operation wore helmet cameras. For the purposes of the command investigation, these cameras will be reviewed and analyzed. It is currently unclear whether they were recording during the incident.
- Command Investigation: The inquiry is being conducted jointly by Yamas commanders in Judea & Samaria and the IDF’s Menashe Brigade, under whose command the operation took place. At this stage, it is strictly a command-level investigation, no criminal investigation is underway.
- Potential Criminal Investigation: If the incident escalates to a criminal investigation, it remains unclear who would take the lead, as the soldiers involved are Border Police officers operating under IDF command in an area under military responsibility. The Police Investigations Department (Mishmar HaShoter, Maḥ”ṣ) expects the case to be referred to them, while the Military Police Criminal Investigations Division (MP CID, Mahash) believes it should be investigated by the Military Advocate General’s office. Colonel Attorney Itai Ophir is expected to make the final determination.
