The IDF announced on Thursday that it will not take any current action against soldiers who mistakenly killed three Israeli hostages on December 15 who were waving a white flag, screamed “help” in Hebrew, and were bare from the waist up .
The three, named Yotam Chaim, Samer Talalka, and Alon Shamriz, were all taken hostage during Hamas’s October 7 massacre against southern Israeli communities.
In publishing the results of its final probe into the issue, the IDF said that despite the soldiers clearly violating the rules of engagement – by firing on persons who presented no immediate danger and were waving a white flag – the enormous complexity of the circumstances led to no immediate punishment.
Soldiers who killed hostages to remain in Gaza
IDF sources suggested that once the war was over it was possible that disciplinary or other action might theoretically be taken against some of the soldiers involved, but in the meantime the soldiers are being left to continue to fight in the field.
The IDF legal division also technically can second-guess the IDF chief, but that is a very rare occurrence.
Also, with it being ambiguous when the war will be “over,” given discussions of higher and lower intensity stages, it seems that no action will be taken for the foreseeable future.
Already back on December 16, IDF Chief-of-Staff Lt. Gen. Herzi Halevi had signaled this would be the direction he would go in.
Back then he had also said that the soldiers had violated open fire rules, but on the other hand he had not mentioned even removing them from combat without any formal penalty.
Also, at the time the IDF legal division sidestepped addressing the issue, pending the IDF chief’s probe.
But there have been cases where initial evidence was strong enough to launch an initial criminal probe and where the soldiers involved were immediately arrested and questioned under caution - which was not done here.
The incident happened in the Shejaia neighborhood of Gaza City, an area of intense combat where Hamas terrorists have been operating in civilian attire and used complex deception tactics.
Some of those tactics have included trying to use white flags, stuffed animals, or seemingly harmless women to get IDF soldiers to approach an area, where some other terrorists then opens fire or sets off a remote explosive device.
According to the final IDF probe, around six Hamas fighters had been killed or observed recently by IDF forces along the line of travel which the three hostages likely took based on the multiple locations where the IDF has established they definitely spent time.
Some of the Hamas terrorists were killed by infantry, one by a tank, and one by a drone.
All of this information was in the minds of the soldiers involved in killing the three hostages.
Details of the IDF's investigation into the killings
The final probe found that the soldiers opened fire on the three at a distance of 38 meters where the hostages were standing at a window one floor up from the ground level of a house.
According to the high command’s understanding of the open fire rules, such a distance and without seeing any weapon, and certainly seeing a white flag and a bare upper body disqualifying the likelihood of explosives, there was no reasonable way to argue the soldiers could have felt threatened.
However, the soldiers argued that they were given additional instructions from local commanders in the field about what was considered a threat and when to fire, and that 38 meters and suspicious activity from a window fell within those open fire rules.
Further, given the many fake surrender traps Hamas has set throughout the war, including using Hebrew, white flags, and actual children’s items seized by Hamas in Israel on October 7, Halevi and other commanders seem to be willing to recognize the subjective sense of danger felt by the soldiers involved as valid enough to avoid immediate punishment.
Controversially, the first soldier who opened fire has admitted that he did see the white flag, but still felt it was a trap and that he was in danger.