The Guardian (USA)

Shireen Abu Akleh: Al Jazeera submits new evidence to ICC

- Bethan McKernan in Jerusalem

Al Jazeera television network has filed a formal request to the internatio­nal criminal court against Israeli forces over the killing of the veteran Palestinia­n-American journalist Shireen Abu Akleh.

Abu Akleh was shot in the head during an Israeli raid in a refugee camp on the outskirts of the occupied West Bank city of Jenin in May, while wearing a helmet and flak jacket that clearly indicated she was a member of the press. Several investigat­ions by human rights organisati­ons, as well as internatio­nal news outlets and the UN, have concluded that Abu Akleh, 51, was shot by an Israeli soldier. Her colleague Ali al-Samoudi survived after being shot in the shoulder.

Some of the investigat­ions alleged that the reporter was deliberate­ly targeted by the Israel Defence Forces (IDF) and that no Palestinia­n militants representi­ng targets were present at the scene. After changing its stance several times, Israel now says there is a “high possibilit­y” that Abu Akleh was killed by an IDF soldier during an exchange of fire but that the shooting was accidental and therefore does not warrant a criminal investigat­ion.

Tuesday’s submission of new video evidence to The Hague, some of which was also aired in a new Al Jazeera documentar­y, provides a detailed account of events during the morning Abu Akleh died.

The formal filing shows “Shireen and her colleagues were directly fired at by the [IDF]”, Al Jazeera said in a statement, and “confirms, without any doubt, that there was no firing in the area where Shireen was, other than the [IDF] shooting directly at her”.

The Qatari-owned network claims that Abu Akleh’s “deliberate killing” is “part of a wider campaign to target and silence Al Jazeera”, also referencin­g the bombing of the news outlet’s offices in Gaza City during last year’s war between Israel and the Palestinia­n Islamist group Hamas.

Al Jazeera’s request builds on September’s formal complaint to the ICC submitted by Abu Akleh’s family. In April, a coalition made up of the Internatio­nal Federation of Journalist­s, the Palestinia­n Press Syndicate, and leading human rights lawyers submitted an initial appeal to the ICC over the alleged systematic targeting of Palestinia­n journalist­s. Abu Akleh was killed a few days later, and Al Jazeera filed its own case asking the court to address her death in late May.

The ICC decided in 2021 that it had a mandate to investigat­e violence and war crimes in the occupied Palestinia­n territorie­s, although Israel is not a member of the court and does not recognise its authority. Tuesday’s submission from Al Jazeera requests that Abu Akleh’s killing is included in the wider investigat­ion.

The US, which is not a party to the ICC, said it is opposed to Al Jazeera taking the case to this court, renewing objections to investigat­ions involving Israel.

“The ICC should focus on its core mission, and that core mission is of serving as a court of last resort in punishing and deterring atrocity crimes,” said State Department spokesman Ned Price.

While the Biden administra­tion has largely embraced Israel’s version of events, and resisted an independen­t US investigat­ion into the killing of an American citizen, pressure from members of Congress forced it last month to agree to an FBI inquiry.

Israel has said it will not cooperate with the FBI. “No one will investigat­e IDF soldiers and no one will preach to us about morals in warfare, certainly not Al Jazeera,” the outgoing prime minister, Yair Lapid, said in a statement in response to Tuesday’s ICC appeal.

 ?? Photograph: Al Jazeera/AFP/Getty Images ?? Shireen Abu Akleh was shot in the head in May, while wearing a helmet and flak jacket that clearly indicated she was a member of the press.
Photograph: Al Jazeera/AFP/Getty Images Shireen Abu Akleh was shot in the head in May, while wearing a helmet and flak jacket that clearly indicated she was a member of the press.

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