Defense Minister Avigdor Liberman responded to the decision, saying that he agreed with the dissenting judge and that the terrorist, Mamdoach Yufsef Muhammad Amaro, must be convicted of murder.
On February 24, 2016, Amaro approached the Gush Etzion Junction armed with a knife with the intention to stab one of the Jewish bystanders there, said the court.
According to the decision, Amaro was warned by Maj. Eliav Gelman and other IDF troops to halt, but continued to approach.
Gelman and the other troops fired on Amaro, wounding him and preventing him from stabbing anyone.
However, soldiers firing on Amaro were standing opposite Gelman, and shot Gelman by accident in the crossfire.
In light of the complex circumstances — that Amaro did not kill Gelman and did did not have the opportunity to make clear if his intention was to wound or actually kill — the court split 2-1 in acquitting him of murder.
The dissenting judge voted to convict him of murder in light of his actions leading to the death of Gelman, and the likelihood that he would have committed murder had he himself not been shot.
There is also a "felony-murder rule" in many legal systems, stating that if a person commits a felony and someone dies in the process of that felony, they can be convicted of murder even if they did not intend to murder.
The IDF Prosecution is considering an appeal.