Poor troop placement at fault for Shmueli's death, not open-fire regulations

The Shmueli family stated they are "disappointed, hurt and frustrated by the investigation."

 Israel Police car carrying the body of Border Police St.-Sgt. Barel Hadaria Shmueli died from his injuries on Monday following gunshot wounds inflicted on his by a Palestinian gunman during Gaza border riots, August 30 2021.  (photo credit: AVSHALOM SASSONI/MAARIV)
Israel Police car carrying the body of Border Police St.-Sgt. Barel Hadaria Shmueli died from his injuries on Monday following gunshot wounds inflicted on his by a Palestinian gunman during Gaza border riots, August 30 2021.
(photo credit: AVSHALOM SASSONI/MAARIV)

The IDF released results of a preliminary investigation into the death of Border Police officer St.-Sgt. Barel Shmueli on Friday, stating it was not the open-fire regulations at fault but rather the placement of troops.

The investigation, which was shared with Shmueli’s family, found that the operational assessments and procedures that dealt with the riots “were carried out in a thorough and comprehensive manner.”

The preparations for the riots included the reinforcements of troops, including snipers like Shmueli.

But the investigation also found that “it would have been correct to deploy the troops and use them differently once the violent mob reached the defensive wall. At the same time, no discrepancy was found in relation to the rules of engagement, which had not been changed at any stage before or during” the riots.

“The chief of staff determined that the rules allowed for completion of the operational mission and the removal of any threat to life,” the IDF said. “It was also found that during this event significant gunfire was conducted in response to the riots.”

Following Shmueli’s death on Monday, many people have leveled harsh criticism of the government and the military, claiming it had imposed restrictions on troops along the border.

The officer’s family has sharply criticized the IDF and the government for their handling of security on the Gaza border and their response to his injury and eventual death.

They received the results of the investigation by Maj.-Gen. Eliezer Toledano, head of the IDF’s Southern Command.

Their lawyer, Ran Rochberger, said the family is “disappointed, hurt and frustrated by the preliminary investigation” and does not accept it.

They “will not accept the passing of responsibility to a low-ranking officer,” he said.

“We’re not looking for culprits, but we are demanding an investigation across all ranks. It’s clear that the failure here was multi-systemic... not just in the Border Police but in all of the IDF,” he said, adding, “We have learned from Barel’s friends that the instructions were vague at best. There was an instruction to contain the [riot] and avoid unnecessary harm [to Palestinians].”

 21-year-old St.-Sgt. Bar-el Shmueli from Beer Yaakov, shot by a Palestinian militant during Gaza border riots (credit: BORDER POLICE)
21-year-old St.-Sgt. Bar-el Shmueli from Beer Yaakov, shot by a Palestinian militant during Gaza border riots (credit: BORDER POLICE)

IDF Chief of Staff Lt.-Gen. Aviv Kohavi, in a speech Thursday evening, responded to the harsh public criticism saying the military is completing a thorough investigation into the incident that “will leave no stone unturned.”

Responding to suggestions that IDF commanders order soldiers to hold their fire when under attack by terrorists, Kohavi said this is simply not true.

“The soldiers and commanders are equipped with all of the tools and with open-fire rules that are clear. Claims to the contrary are baseless and are nothing but a total lie,” he said.

“Any soldier that feels threatened and at risk, in war or peacetime, is allowed to, needs to, and is required to take action and remove the threat,” he said,” adding that “in many cases where violent incidents occurred along the border, many terrorists were neutralized by IDF soldiers.”

Kohavi has instructed the military to continue the investigation and ordered that the lessons learned at this stage be applied to commanders and fighters in the field.

Israeli president Reuven Rivlin, Defense Benny Gantz and IDF Chief of Staff Lt. Gen. Aviv Kohavi pay a visit to Lea and Simcha Goldin, parents of Lt. Hadar Goldin as they attend a passive protest outside the memorial ceremony marking six to his death and abduction outside the military cemetery in Je (credit: OLIVIER FITOUSSI/FLASH90)
Israeli president Reuven Rivlin, Defense Benny Gantz and IDF Chief of Staff Lt. Gen. Aviv Kohavi pay a visit to Lea and Simcha Goldin, parents of Lt. Hadar Goldin as they attend a passive protest outside the memorial ceremony marking six to his death and abduction outside the military cemetery in Je (credit: OLIVIER FITOUSSI/FLASH90)

“The IDF is continuing its assessments of further violent riots and possible terrorist acts in the coming days while applying the lessons learned at this stage,” it said.

On Thursday night, a 26-year-old Palestinian man was killed, and several others injured as thousands of Gazans clashed along the border fence with Israel.

The Hamas-run Health Ministry announced that Ahmed Mustafa Mahmoud Saleh from the Jabalya refugee camp died after he was shot in the stomach during the riots.

Another 15 Palestinians, including five children, were injured during the riots, in which some 1,000 demonstrators hurled explosive devices and burned tires. Troops responded with live fire and tear gas.

Tal Spungin contributed to this report.