On 30 November 2023, two
Palestinian
Palestinians () are an Arab ethnonational group native to the Levantine region of Palestine.
*: "Palestine was part of the first wave of conquest following Muhammad's death in 632 CE; Jerusalem fell to the Caliph Umar in 638. The indigenous p ...
gunmen killed three and wounded 16
Israeli civilians
at a
bus stop
A bus stop is a place where Public transport bus service, buses stop for passengers to get on and off the bus. The construction of bus stops tends to reflect the level of usage, where stops at busy locations may have shelter (building), shelters ...
on the
Givat Shaul
Givat Shaul (, lit. (''Saul's Hill''); ) is a neighborhood in West Jerusalem. The neighborhood is located at the western entrance to the city, east of the neighborhood of Har Nof and north of Kiryat Moshe. Givat Shaul stands 820 meters above sea ...
Interchange in
Jerusalem
Jerusalem is a city in the Southern Levant, on a plateau in the Judaean Mountains between the Mediterranean Sea, Mediterranean and the Dead Sea. It is one of the List of oldest continuously inhabited cities, oldest cities in the world, and ...
during the
ceasefire
A ceasefire (also known as a truce), also spelled cease-fire (the antonym of 'open fire'), is a stoppage of a war in which each side agrees with the other to suspend aggressive actions often due to mediation by a third party. Ceasefires may b ...
of the
Gaza war
The Gaza war is an armed conflict in the Gaza Strip and southern Israel fought since 7 October 2023. A part of the unresolved Israeli–Palestinian conflict, Israeli–Palestinian and Gaza–Israel conflict, Gaza–Israel conflicts dating ...
. A fourth individual,
Yuval Kestelman (an armed bystander who shot at the gunmen), was
shot and killed by responding IDF soldiers who mistook him for one of the attackers.
Hamas
The Islamic Resistance Movement, abbreviated Hamas (the Arabic acronym from ), is a Palestinian nationalist Sunni Islam, Sunni Islamism, Islamist political organisation with a military wing, the Qassam Brigades. It has Gaza Strip under Hama ...
claimed responsibility for the shooting.
Background
The
Givat Shaul
Givat Shaul (, lit. (''Saul's Hill''); ) is a neighborhood in West Jerusalem. The neighborhood is located at the western entrance to the city, east of the neighborhood of Har Nof and north of Kiryat Moshe. Givat Shaul stands 820 meters above sea ...
neighborhood, located in the western part of the city, is one of the primary entrances to Jerusalem, and has been a target of attacks in the past. The 2023 shooting occurred within the context of the violent
Gaza war
The Gaza war is an armed conflict in the Gaza Strip and southern Israel fought since 7 October 2023. A part of the unresolved Israeli–Palestinian conflict, Israeli–Palestinian and Gaza–Israel conflict, Gaza–Israel conflicts dating ...
, just hours after
Hamas
The Islamic Resistance Movement, abbreviated Hamas (the Arabic acronym from ), is a Palestinian nationalist Sunni Islam, Sunni Islamism, Islamist political organisation with a military wing, the Qassam Brigades. It has Gaza Strip under Hama ...
and
Israel
Israel, officially the State of Israel, is a country in West Asia. It Borders of Israel, shares borders with Lebanon to the north, Syria to the north-east, Jordan to the east, Egypt to the south-west, and the Mediterranean Sea to the west. Isr ...
, the 2 primary belligerents in the war, agreed to the extension of a ceasefire.
According to
Israeli Police
The Israel Police (; ) is the civilian police force of Israel. As with most other police forces in the world, its duties include crime fighting, traffic control, maintaining public safety, and counter-terrorism. It is under the jurisdiction o ...
, both attackers had been imprisoned in the past due to their affiliation with Hamas. Murad Nemer was imprisoned for 10 years because of his intention to carry out terrorist operations; his brother, Ibrahim Nemer was imprisoned in 2014 for the same reason.
The men were both in their 30s and from the
Sur Baher
Sur Baher (, ), also ''Tsur Baher'', is a Palestinian neighborhood on the southeastern outskirts of East Jerusalem. It is located east of Ramat Rachel and northeast of Har Homa. In 2006, Sur Baher had a population of 15,000.
History
During ...
neighborhood of
East Jerusalem
East Jerusalem (, ; , ) is the portion of Jerusalem that was Jordanian annexation of the West Bank, held by Jordan after the 1948 Arab–Israeli War, as opposed to West Jerusalem, which was held by Israel. Captured and occupied in 1967, th ...
.
Attack
According to the
Israeli Police
The Israel Police (; ) is the civilian police force of Israel. As with most other police forces in the world, its duties include crime fighting, traffic control, maintaining public safety, and counter-terrorism. It is under the jurisdiction o ...
and amateur camera footage, the two gunmen, 38-year-old Murad Nemer and 30-year-old Ibrahim Nemer, arrived at the bus stop in a car at around 7:30 a.m. local time.
They exited the car carrying an M16 and a handgun. The attackers' vehicle contained a "large amount of ammunition," according to police.
They then opened fire at the people waiting at the bus stop, killing 3 and injuring 16. Israeli police received reports of gunfire at about 7:40 a.m. local time.
A bystander identified as 37-year-old Yuval Doron Kestelman, who noticed the attack while driving, opened fire on the attackers during the shooting, charging towards the attackers, killing one of the perpetrators. Kestelman urged other civilians to evacuate.
Two soldiers at the scene ran to the back of the building and got to the floor, got back up, and approached the terrorists' car. Roi Eisenbach, a reserve soldier from the
Golani Brigade
The 1st "Golani" Brigade (, ''Hativat Golani'') is an Israeli military infantry brigade. It is subordinated to the 36th Division and traditionally associated with the Northern Command. It is one of the five infantry brigades of the regular Is ...
, went to the sidewalk and shot the car to his right, killing one of the terrorists. During the neutralization of one of the perpetrators, Kestelman was shot by one of the soldiers, either Eisenbach or Aviad Freija, after being mistaken for an attacker.
Kestelman threw down his gun and got to his knees, and stripped his jacket to show he was not hiding any other weapons. Despite throwing away his gun, kneeling, and raising his hands, he was shot again.
Witness testimony alleges that he raised his hands and shouted "I'm Israeli, do not shoot." Freija claims that he did not hear Kestelman talk. Kestelman was hit again with a bullet, and got to his feet to try to gain the troops' attention that he was not a threat. Freija approached and shot him again. Kestelman fell to the ground, and as he collapsed, threw his wallet in the direction of the shooter to show that he was Israeli and not the terrorist.
As IDF soldiers assumed he was an attacker, ''
Haaretz
''Haaretz'' (; originally ''Ḥadshot Haaretz'' – , , ) is an List of newspapers in Israel, Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel. The paper is published in Hebrew lan ...
'' stated Kestelman received no medical assistance after being shot. The first emergency responders to arrive at the scene believed he was a terrorist, and did not come to his aid. He was later evacuated and brought to
Shaare Zedek Medical Center
The Shaare Zedek Medical Center () is a large teaching hospital in Jerusalem. It was established in 1902 and is affiliated with Hebrew University of Jerusalem.
History
Shaare Zedek was the first large district general hospital to be located ...
where he underwent emergency surgery, but succumbed to his injuries, being pronounced dead in the evening. He was buried the following day, stated in an announcement by his employer.
Victims
Initial reports named the three dead by the attackers as 73-year-old rabbi Elimelech Wasserman, 67-year-old Chana Ifergan, and 24-year-old Livia Dickman.
A fourth individual Yuval Doron Kestelman was shot and killed by the responding IDF soldiers.
Livia Dickman was pregnant and died at the scene of the attack. The fetus could not be saved. Wasserman and Ifergan were pronounced dead at the
Shaare Zedek Medical Center
The Shaare Zedek Medical Center () is a large teaching hospital in Jerusalem. It was established in 1902 and is affiliated with Hebrew University of Jerusalem.
History
Shaare Zedek was the first large district general hospital to be located ...
. Six other people were transported to
Hadassah Ein Kerem Hospital, of whom three were in serious condition.
Yuval Kestelman
Yuval Doron Kestelman (), an Israeli civilian, charged at the attackers in the shooting, killing one of them, and was subsequently shot by Aviad Freija, an IDF soldier, who mistook him for a terrorist. Kestelman was a 38-year-old lawyer from
Mevaseret Zion
Mevaseret Zion () is a town and local council located to the west of Jerusalem, straddling both sides of the Jerusalem–Tel Aviv highway. Mevaseret Zion is composed of two distinct older townships, Maoz Zion and Mevaseret Yerushalayim, under ...
who worked for the . He was a former soldier in the Israeli security forces.
Aftermath and reactions
Kestelman's family was informed of the shooting in the afternoon, when a police officer called them and informed them that Kestelman's gun, phone, and wallet were in police custody. It was reported by the evening that Kestelman was not one of the terrorists, and was shot by Freija despite not being one of the terrorists.
Investigating the killing of Yuval Kestelman, at 10:00 a.m., following the attack, journalist
Yinon Magal
Yinon Magal (; born 27 April 1969) is an Israeli journalist and politician. He served as a member of the Knesset for the Jewish Home for most of 2015. Magal presents the program ''"Hapatriotim, The Patriots"'' on the channel ''Channel 14 (Israel) ...
called Freija to speak about the incident. Freija stated "There was a terrorist there, and we shot him", and Magal corrected him and stated that there were two terrorists, and not one. Freija was also asked if they had verified the killing, and responded saying "Yes, we shot until they fell", and stated that he did not know if it was his shots that had killed Kestelman or Eisenbach's.
Investigation
The attack was initially only investigated by the
Jerusalem District Police
Jerusalem District Police () is a regional district command of the Israel Police. It is considered one of the oldest police commands in Israel.
History
Jerusalem's police history goes back to the British Mandate and before that to the administr ...
, without involvement of the .
Following public pressure, the MPIU joined the investigation. Eisenbach and Freija, the two soldiers who fired at the scene, were interrogated and Freija was arrested.
After an initial investigation, the
Israeli Police
The Israel Police (; ) is the civilian police force of Israel. As with most other police forces in the world, its duties include crime fighting, traffic control, maintaining public safety, and counter-terrorism. It is under the jurisdiction o ...
confirmed the identities of the attackers as Murad and Ibrahim Nemer, as well as confirming the deaths and injuries. Hamas claimed responsibility for the attack, stating that "The operation came as a natural response to unprecedented crimes conducted by the Occupation".
The police conducted raids on the attacker's family's homes, arresting 6 members of their family. The highway on which the attack took place,
Highway 1 at the Motsa Junction, was closed immediately afterwards. The US Ambassador to Israel,
Jack Lew
Jacob Joseph Lew (born August 29, 1955) is an American attorney and diplomat who served as the 28th United States ambassador to Israel from 2023 to 2025. He was the 76th United States secretary of the treasury from 2013 to 2017. A member of the ...
, and the EU Ambassador to Israel
Dimiter Tzantchev
Dimiter Tzantchev () is a European diplomat, Ambassador, Head of European Union delegation to the State of Israel. He joined the European external action service after a long and distinguished career in the Bulgarian diplomatic service. He was Bu ...
, both condemned the attack on social Kestelman, the bystander who was mistakenly shot by IDF soldiers, labeled his death as an "execution" and called for a thorough investigation. The IDF, initially stating that it had no plans to investigate the incident, later decided to involve its Military Police's investigatory unit following an initial probe by the
Shin Bet
The Israel Security Agency (ISA; , (GSS); ), better known by the Hebrew acronyms, acronyms Shabak (; ; ) or Shin Bet (from the abbreviation of , "Security Service"), is Israel's internal Security agency, security service. Its motto is "''Magen ...
and Israel Police. Police acknowledged the mistaken identification and expressed sorrow for Kestelman's death.
Autopsy
Police had initially released Kestelman's body for burial before performing an autopsy, with justification being that the bullets had passed through Kestelman's body and were not visible on a
CT scan
A computed tomography scan (CT scan), formerly called computed axial tomography scan (CAT scan), is a medical imaging technique used to obtain detailed internal images of the body. The personnel that perform CT scans are called radiographers or ...
.
The officers assigned to the case did not speak to the doctors who operated on Kestelman when he initially arrived in a deteriorated condition at the hospital. They called the hospital security officer, who stated that if there were shrapnel or bullets found in Kestelman's body, the police would be informed. However,
Channel 13 revealed that the CT scan report from the hospital indeed did find metallic remnants of bullet fragments in Kestelman's chest and head, and recommended that Kestelman's body be exhumed for an autopsy.
The
MAG Corps presented the developments from the scan to Kestelman's family, and offered to exhume the body and perform a full autopsy expediently. They also offered to have a representative from the National Center for Forensic Medicine view the body, which would help give crucial insight into the investigation. The family agreed to the terms and the body was transferred to the Institute of Forensic Medicine. On December 10, an autopsy was performed, showing that an
M16 rifle
The M16 (officially Rifle, Caliber 5.56 mm, M16) is a family of assault rifles adapted from the ArmaLite AR-15 rifle for the United States Armed Forces, United States military. The original M16 was a 5.56×45mm NATO, 5.56×45mm automatic ...
bullet and other bullet fragments were found, contrary to the claim in court that freed Freija from custody and placed him under house arrest.
Two weeks after the shooting, it was revealed that the investigators from the police forensics department who had examined Kestelman's jacket found no gunshot wounds in it. They concluded that the fatal shooting was carried out only after he took off his coat and got down on his knees. The finding was forwarded to the military police investigative unit before the autopsy was released.
Police conduct
The police commissioner ordered a senior commissioner to examine the autopsy results and the conduct of the investigation.
State attorney
In the United States, a district attorney (DA), county attorney, county prosecutor, state attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or solicitor is the chief prosecutor or chief law enforcement officer represen ...
Amit Eiseman instructed the to open an investigation into the conduct of the police detective team, and blocked the conduction of an independent police investigation.
Court martial
On the morning of December 5 at a
hearing
Hearing, or auditory perception, is the ability to perceive sounds through an organ, such as an ear, by detecting vibrations as periodic changes in the pressure of a surrounding medium. The academic field concerned with hearing is auditory sci ...
, the presiding judge, Lieutenant Colonel Toby Hart, ruled that "the suspect
reijafired unlawfully, not out of operational necessity, but out of frivolity regarding the possilibility of someone's death who no longer posed any danger", and added that no bullets were found in the body of the deceased according to police accounts (that would later be corrected), and that no autopsy had been conducted. He further stated "it is highly doubtful whether it will be possible to determine beyond a reasonable doubt at what stage the brain was injured and what injuries would have led to his eventual death." That evening, the court place Freija on house arrest. In the morning on December 7, Freija and Eisenbach each performed their own re-enactment at the scene in front of the military police investigators.
Public reaction
Following the incident, videos of Kestelman were posted across news websites and social media, which led to intense public debate. Topics raised in the discourse included rules of engagement, extrajudicial executions of terrorists, medical assistance to wounded terrorists, and a policy of distributing weapons to civilians. Moshe Kestelman, Yuval's father, said, "They just executed him," and demanded an indictment against Freija.
Rules of engagement
Israel has
rules of engagement, which is a procedural law that defines when firearms carriers, especially soldiers, may fire their weapons, without receiving direct firing orders, and specifies the steps to be taken before opening fire. The rules are subject to criticism from various groups in Israel, especially in light of terrorist attacks and in relation to terrorists. Various sources claimed that terrorists who carried out an attack should be shot to death, even if they did not pose an immediate danger.
Many prominent voices of commentary of the shooting, including one editorial in
Haaretz
''Haaretz'' (; originally ''Ḥadshot Haaretz'' – , , ) is an List of newspapers in Israel, Israeli newspaper. It was founded in 1918, making it the longest running newspaper currently in print in Israel. The paper is published in Hebrew lan ...
, criticized the campaign to encourage execution of terrorists on the ground, regardless of the risk they pose, claiming it led directly to Kestelman's killing.
Professor similarly criticized the campaign for executions at the scene of a terrorist attack, arguing that in a state of law, the authority to kill a person as punishment does not lie with soldiers or civilians. IDF Chief of Staff
Herzi Halevi
Herzl "Herzi" Halevi (; born 17 December 1967) is a retired Israeli general who served as the Chief of the General Staff (Israel), Chief of the General Staff of the Israel Defense Forces from 16 January 2023 to 5 March 2025.
He previously serv ...
addressed the incident, saying: "We commend the heroism of a civilian who ran bravely into the fire to stop the killing of civilians", adding: "Do not rush to fire when the risk decreases, and we do not shoot those who raise their hands."
Weapons distribution policy to civilians
As a part of public discourse, it was argued that the policy of expanding the distribution of weapons to civilians, which has significantly increased since the
October 7 surprise attack, could cause similar casualty incidents.
In response to a question from journalists about the "trigger-happy" hand of Freija and public executions by soldiers, Prime Minister
Benjamin Netanyahu
Benjamin Netanyahu (born 21 October 1949) is an Israeli politician who has served as the prime minister of Israel since 2022, having previously held the office from 1996 to 1999 and from 2009 to 2021. Netanyahu is the longest-serving prime min ...
addressed the latter, saying: "This is the policy and there are costs – this is life." Netanyahu's remarks caused a storm in the news and on social media. The head of the
National Unity coalition Benny Gantz
Benjamin Gantz ( ; born 9 June 1959) is an Israeli politician and retired army general. He served as a Minister without portfolio#Israel, minister without portfolio from 2023 to 2024, as the Ministry of Defense (Israel), minister of defense bet ...
responded to Netanyahu's remarks, stating: "This is not life", and said that the incident requires lessons to be learned. Netanyahu later called Kestelman's father, saying that Yuval's death was a terrible tragedy, and that he was a hero of Israel. He also said an investigation would be conducted and those found responsible would be prosecuted.
See also
*
2022 Jerusalem bombings, a terrorist attack at the same bus stop a year previously
*
Timeline of the Israeli–Palestinian conflict in 2023
A timeline is a list of events displayed in chronological order. It is typically a graphic design showing a long bar labelled with dates paralleling it, and usually contemporaneous events.
Timelines can use any suitable scale representing ti ...
*
Killing of Alon Shamriz, Yotam Haim, and Samer Talalka
On 15 December 2023, three Gaza war hostage crisis, Israeli hostages were killed by the Israel Defense Forces (IDF) during the Battle of Shuja'iyya (2023), Battle of Shuja'iyya in the Gaza Strip. The men had emerged from a building and were app ...
, friendly fire on Israeli hostages
*
2024 Kiryat Malakhi attack
*
Killing of Naheda and Samr Anton
References
{{DEFAULTSORT:Givat Shaul shooting
Terrorist attacks in the Gaza war
2023 in Jerusalem
2023 mass shootings in Asia
2023 murders in Asia
21st-century mass murder in Jerusalem
Attacks on bus stations in Asia
Attacks on buses by Palestinian militant groups
Hamas attacks
Islamic terrorist incidents in 2023
Mass murder in 2023
Mass shootings in Jerusalem
November 2023 crimes in Asia
2023 road incidents in Asia
Spree shootings in Asia
Terrorist incidents in Asia in 2023
Terrorist incidents in Jerusalem in the 2020s
Jerusalem in the Israel–Hamas war