every aspect of the killings — including any failings by the army, the Shin Bet
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every aspect of the killings — including any failings by the army, the Shin Bet,
the police or other authorities that might have allowed the tragedy to happen.
The commission interviewed dozens of witnesses, Israeli and Palestinian, in 31
separate sessions. I knew early on that the inquiry would throw up difficult
issues. I was especially upset to learn that two soldiers and three border guards
scheduled for guard duty at the mosque had shown up late on the morning of the
killings. By the time I testified in late March, the inquiry had heard from a range
of senior and local commanders and individual soldiers. A picture had emerged
of a series of security breakdowns, equipment malfunctions, oversights and
confusion around the site where the murders took place.
I did not try to dodge the fact that security lapses around the Cave of the
Patriarchs that day had contributed to what happened. In addition to the fact that
the guard unit was not at full strength until after the murders took place, several
of the security cameras weren’t working. I acknowledged that if the cameras
and the guards had done their job, at the very least some lives might be have
saved. Yet I also made the point that this specific act of mass murder was
something the army could not have anticipated. I told the commissioners to
remember that they were judging things after the fact. They knew how the
tragedy had ended. In the context in which we were operating, the prospect of
an Israeli settler, a reserve soldier, walking into a place of worship and
deliberately killing defenseless Palestinians had come as “a bolt from the blue.”
The commission’s report did not apportion blame to any of the army officers
or commanders. But an inescapable conclusion from the testimony of the many
witnesses was that the way in which we’d become conditioned to viewing the
settlers had blinded us to the kind of crime Goldstein had committed. Even
before I testified, I'd been disturbed to hear soldiers saying that even if they had
seen him shooting a Palestinian, their orders were not to open fire on a settler,
so they wouldn’t have intervened. When asked about this by the commission, I
said it was a fundamental misunderstanding of our rules of engagement. “In no
case is there, nor can there be, an army order that says it is forbidden to shoot at
a settler even if he is shooting at others... A massacre is a massacre. You don’t
need special orders to know what to do.”
Yet I also knew that the soldiers’ “misunderstanding” was all too
understandable. As I acknowledged to the inquiry, the army on the West Bank
and Gaza was predisposed to see Palestinians who were carrying weapons as
potential terrorists, especially since the outbreak of the intifada. The settlers, by
contrast, were assumed to be carrying arms in self-defense. One lesson I took
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