The investigation into the conduct of two Border Police officers who shot a terrorist near the Old City of Jerusalem on Saturday – preventing further killings – sets a dangerous precedent that may cost the lives of more civilians and soldiers.
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Even if nothing comes of the investigation, it might lead to fighters second-guessing themselves in future terrorist attacks. As we know, stopping the attacker as soon as possible saves the lives of those around, especially if explosives or knives are involved.
I was in the area the day police officer Charlie Chelouche was killed by a Hamas terrorist in the Jerusalem neighborhood of Baka in 1990. Chelouche rushed to the scene after Israel Defense Forces soldier Iris Azulai was killed by the same attacker.
Three times Chelouche asked the terrorist to stop, and when he refused, did what every soldier was supposed to do at the time – fired at the attacker's leg. As the injury was not fatal, the terrorist managed to pull out a knife and stab Chelouche in the back, killing him.
Chelouche was decorated posthumously, which was no consolation for his then-pregnant wife – who had just become a widow – or to his family members. He lost his life as a result of the restrictive rules of engagement. Meanwhile, the Hamas terrorist received a lenient sentence. Having served eleven years, he was released in 2011 as part of the Gilad Schalit prisoner exchange deal and now roams the streets of the Gaza Strip freely.
When the Justice Ministry's Police Internal Investigations Department scrutinizes the actions of two fighters that killed the terrorist, I can't help but think of all the officers that lost their lives fighting terrorism.
The 1990 attack prompted a debate on the issue how to confront a terrorist. We were sure that the IDF and the Israel Police would learn their lesson and change the rules, and that is what the fighters were promised.
The first and necessary conclusion from Saturday's attack is that if an investigation is launched, it should be led by the relevant security agencies rather than the Police Internal Investigations Department. Due to historical reasons, the Border Police reports to the Israel Police, which is not built to deal with terrorism in the first place (which is another matter worth discussing following the events of the latest round of violence with Hamas in May).
The second conclusion is that instead of an investigation, they should conduct a regular debriefing. Also, the incident should be checked as part of the Border Police and not a mechanism set up with the goal of dealing with misconduct on behalf of police officers. Because with all due respect to the Police Internal Investigations Department, it does not know what it is like to be on the battlefield.
What do fighters learn from this development for next time? Hesitance. Therefore, the third conclusion is that Justice Minister Gideon Sa'ar and Attorney General Avichai Mendelblit must put an end to this march of folly.
The fourth conclusion is that the commanders must encourage their soldiers to kill the terrorist in case of an attack immediately. The instructions should be clear – a bullet in the head or a crucial part of the body.
And finally, the government must deter future terrorism. The homes of terrorists must be destroyed, even if they failed to kill. The one who sets out to murder should be held accountable as if he is a murderer.
For those who have failed to notice, we are facing a wave of individual terrorism. Experience has shown that the demolition of houses deterred many from becoming a terrorist.
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