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The Israel Defense Forces (IDF) prosecution filed an indictment on Thursday against Sgt. (res.) Aviad Frija in the military courts, accusing him of the fatal shooting of Israeli civilian Yuval Doron Castleman on November 30, 2023.
The incident followed a terror attack at the entrance to Jerusalem, during which Castleman had killed two Hamas-affiliated terrorists before raising his hands to surrender.
The attack, which left four people dead and four others wounded, began when two Hamas gunmen opened fire on civilians and security forces.
Castleman, an attorney from Mevaseret Zion with prior security experience, acted swiftly, crossing the scene to shoot and neutralize the attackers alongside security personnel.
Surveillance footage later showed Castleman surrendering, kneeling, and raising his hands before Sgt. Frija opened fire. Castleman’s final actions, including unbuttoning his shirt to demonstrate he was unarmed, have been pivotal in the case.
Defense and Prosecution Debate Intentions and Context
The indictment alleges that another soldier had urged Frija not to shoot, emphasizing that Castleman posed no imminent threat. Nevertheless, Frija reportedly claimed Castleman made suspicious hand movements after surrendering, prompting him to fire.
Frija’s legal team, led by Col. (res.) Shlomi Tzfouri and Col. (res.) Ran Cohen Rockberger, argued that the footage circulating online provides a skewed perspective of the incident.
“From the fighter’s vantage point, he genuinely believed the individual was a terrorist posing an ongoing threat,” they stated, describing the event as a tragic misunderstanding rather than a deliberate breach of military conduct.
Military investigators uncovered discrepancies between Frija’s testimony and physical evidence at the scene. The prosecution’s decision to charge him reflects their interpretation of video footage and witness accounts suggesting Castleman’s compliance.
Controversial Response and Legal Precedents
Frija was initially detained on December 4, four days after the shooting, but was released to house arrest shortly after. His temporary freedom, coupled with the delayed indictment, drew public scrutiny.
Comparisons have been made to the case of Elor Azaria, a soldier convicted in 2016 for killing a neutralized Palestinian attacker, who faced widespread condemnation from senior defense officials.
Historically, IDF cases involving rules-of-engagement violations have led to charges of manslaughter or negligent homicide, with sentences typically ranging from months to a few years. Murder charges, which carry heavier penalties, are rare in such cases.
Despite publicized video evidence, Frija’s defense remains firm that the circumstances justified his actions.
Community and Leadership Reactions
The case has reignited debates over the challenges soldiers face in high-stress combat scenarios and the ethical boundaries of engagement. Some military officials and public figures have expressed sympathy for Frija, citing the chaotic environment of the attack.
The trial, set to unfold in the coming months, will scrutinize the tension between operational mistakes and accountability in life-or-death decisions on the battlefield.
As the investigation progresses, Castleman’s family continues to demand justice, mourning the loss of a hero whose decisive actions likely prevented further bloodshed.