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www.haaretz.com/opinion/editorial/2023-12-02/ty-article/.premium/the-hero-in-the-jerusalem-shooti...![]()
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Yuval Doron Kestelman, a brave citizen who rushed to the scene of a terror attack in Jerusalem on Thursday and killed the terrorists, was shot and killed by soldiers who arrived on the scene after him.![]()
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Errors can happen at the scene of such incidents, such as in cases of friendly fire or mistaken identity. But this is not what happened there. Kestelman threw down his pistol and raised his arms, opening his jacket to show that he was not carrying an explosive device. He begged for his life and was shot anyway, when it was clear that he posed no danger.![]()
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Kestelman’s tragic death stems from the fact that the person who shot him was convinced that he was an Arab terrorist. But the real reason is the conception that a terrorist deserves to die and cannot emerge alive from an incident.![]()
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This is an approach that has been promoted by politicians for years, even before the case of the soldier Elor Azaria, who shot an incapacitated terrorist in Hebron, and even more so after that incident. This notion is furthered by a campaign that also includes influencers and people in the media on the right side of the political spectrum.![]()
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There is occasional criticism of soldiers or policemen who have killed terrorists at the scene of an attack but did not “confirm the kill.” In many cases, when a terrorist is killed, no one investigates whether using lethal fire was necessary, and the shooter receives the public’s backing for being a hero.![]()
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The link between this campaign and the policy of wholesale distribution of firearms initiated by National Security Minister Itamar Ben-Gvir has brought anarchy and the Wild West to Israel. In the incident in Jerusalem, the mistake was made by soldiers, but there is no doubt that the continued distribution of weapons will lead to further mistakes in the future. Civilians who intervene in security incidents could be suspected of being terrorists and shot dead.![]()
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The criminal investigation that must take place regarding those involved in this incident (which the police tried to evade with the troublesome argument that this was a case of firing by both sides) is only the first step for drawing lessons from Kestelman’s death.![]()
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The first lesson must be the total cessation of the campaign and policy that call for not allowing any terrorist to emerge alive from any terror attack. This shouldn’t be a mere nod and wink, but a return to enforcing the rule of law and the rules of engagement, which forbid shooting at anyone who no longer poses a risk.![]()
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These rules have always been more than ethical or juridical ones; they were meant precisely to prevent incidents such as the one that took place on Thursday. You don’t kill a person who is no longer dangerous, even if the shooter is convinced that the person is a terrorist. Soldiers, police officers and armed civilians do not comprise a punitive and executive body carrying out capital punishment.![]()
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Opening fire at the scene of an incident is a means of eliminating a danger, not a punitive measure. It was only a matter of time before a tragedy like what happened to Kestelman took place. The blame is not just on the shooter, but on everyone who encouraged him to do what he did.