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Abu Akleh family demands accountability following inconclusive US investigation

Following the US investigation into Abu Akleh's killing, which was ruled "inconclusive", her family are still urging for an open independent investigation by the US, UN, and the ICC.

The US Department of State said on Monday that it could not reach a “definitive conclusion” regarding the origin of the bullet that killed Palestinian journlaist Shireen Abu Akleh, but that Israeli fire was “likely responsible.”

Following an investigation overseen by the  U.S. Security Coordinator (USSC), during which investigators conducted ballistic  and forensic analysis, the government said that it was “determined the bullet was badly damaged, which prevented a clear conclusion.”

The US government went on to say that while the USSC concluded that gunfire from Israeli army positions “was likely responsible for the death of Shireen Abu Akleh,” the USSC found no reason to believe that this was intentional but rather the result of tragic circumstances.” 

The statement came after weeks of demands by the Abu Akleh family, Palestinian officials, the Palestinian public, and US representatives for an independent investigation into her death. 

Abu Akleh, a veteran reporter for Al Jazeera and a dual US citizen, was killed on May 11th while she was covering an Israeli military raid on the Jenin refugee camp in the northern occupied West Bank. 

Multiple eyewitness and journalist accounts said that Israeli snipers, who were positioned at an estimated distance of 190-250 meters from where she was shot, were the ones who killed her. 

The Abu Akleh family responded to the State Department, slamming the US government for “parsing over barely-relevant details and then assuming good faith on behalf of a recalcitrant and hostile occupying power.”

The investigation

In the immediate aftermath of Abu Akleh’s death, Israeli officials attempted to deflect blame, accusing Palestinian militants of firing the shot that killed the journalist, despite multiple eyewitness acocunts stating otherwise. 

Just one week after Abu Akleh was killed, the Israeli military said it would not open a criminal probe into her killing, citing a lack of evidence and “no suspicion of a criminal act”.

In the days and weeks following her killing, human rights organizations like B’Tselem, along with mainstream media organizations like the Washington Post, AP and CNN all conducted investigations that pointed to the Israeli army as Abu Akleh’s killer. 

An independent investigation by The New York Times found that the bullet which killed Abu Akleh could be traced to an Israeli military vehicle, and the UN Human Rights Office (OHCHR) said its investigation found Israeli forces responsible for Abu Akleh’s killing. 

Last month Al-Jazeera released a photograph of the bullet which killed her. Through working with forensic and ballistic experts and 3D modeling, the bullet extracted from her skull was found to be of the same caliber used by Israeli forces. 

The 5.56mm caliber bullet was reported by Al Jazeera to be one manufactured in the United States. 

The Palestinian Authority also conducted its own investgation using the bullet that killed Abu Akleh, and came to the same conflucsion: that it was Israeli fire that killed her. 

As overwhelming evidence pointing to Israel as the perpetrator continued to pour in, calls for an independent investigation swelled. Israeli officials, who eventually said that one of its soldiers may have “accidentally” killed Abu Akleh, doubled down on their insistence to carry out their own investigation. 

The Israeli army said that while it identified the rifle that fired the fatal bullet, it insisted that its own experts needed to examine the bullet in order to come to a conclusion – something the Palestinians, and Abu Akleh’s family, vehemently opposed. 

The PA denied Israeli offers to conduct a joint investigation, saying it did not trust Israel to conduct a fair investigation, given the evidence that Abu Akleh was targeted by the army while wearing her PRESS vest – a sentiment shared by the overwhelming majority of the Palestinian public. 

So when the PA handed over the bullet to the USSC, it was allegedly under the condition that Israel would not be involved. But shortly after, Israel said it would be conducting forensic tests on the bullet in the presence of US observers. 

PA general prosecutor Akram al-Khatib told Voice of Palestine radio “we got guarantees from the American coordinator that the examination will be conducted by them and that the Israeli side will not take part”.

Knowledge that the Israelis were being given access to the bullet sparked outrage amongst the Palestinain public, many of whom took to social media to express their discontentment, calling the PA traitors. 

That sentiment was exacerbated by the findings of the US investigation, which came up inconclusive. According to the Abu Akleh family, they were not informed by any sides that a US-Palestinian joint investigation was in the works. 

In their statement following the US state department announcement, the Abu Akleh family said “The focus on the bullet has always been misplaced and was an attempt by the Israeli side to spin the narrative in its favor, as if this were some kind of police whodunit that could be solved by a CSI-style forensic test.”

“The notion that the American investigators, whose identity is not disclosed in the statement, believe the bullet “likely came from Israeli positions” is cold comfort,” the family said 

Seeking justice 

Following the findings of the US investigation, Israel has continued to deny responsibility for Abu Akleh’s killing, reverting to its position of blaming Palestinian fighters for her death. 

Israeli Defense Minister Benny Gantz said that getting to the truth “unfortunately isn’t possible” in Abu Akleh’s case, saying “Hundreds of bullets were fired at IDF soldiers, who fired back only at the sources of the shooting.”

“The responsibility for this incident lies first and foremost with the terrorists who operate from within the civilian population,” Gantz said. 

Despite Israel’s denial of wrongdoing in the killing of Abu Akleh, and subsequent attack on her funeral, the Israeli military has long been documented shooting at civilians, journalists and medics alike. 

Palestinian leaders are accusing the US of protecting Israel, and critics say the USSC investigation was an attempt to put the story to bed ahead of Biden’s visit to the region. 

Wasel Abu Youssef, a member of the Executive Committee of the Palestine Liberation Organization (PLO), said “The truth is clear but the U.S. administration continues to stall in announcing it. We say Israel killed Shireen Abu Akleh and it must be held responsible for the crime it has committed.”

The family continued to urge for an independent investigation, “free from any political consideration or influence.” Abu Akleh’s niece told Al Jazeera that the family urged the the ICC [International Criminal Court] to handle the case of Shireen with the same enthusiasm it has been showing to Ukraine – as is rightfully so.”

The Palestinian Foreign Ministry submitted a formal request to the International Criminal Court to investigate the killing of Shireen and to take her case to The Hague, and Al-Jazeera Network is also pursuing its own measures with the ICC.

What remains, is the anticipation of whether or not the family of Abu Akleh and Palestinians will see any justice served when a Palestinian is killed. 

Moreover, there remains the anticipation of whether or not concrete measures will be taken to hold precedent in changing the impunity that Israeli continues to receive in committing crimes against humanity, including the targeting of journalists.

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https://www.haaretz.com/opinion/editorial/2022-07-06/ty-article/military-police-probe-is-vital/00000181-d00f-d982-abb3-feaf70840000
“The Israeli Military Must Provide Real Answers on Journalist Shireen Abu Akleh’s Death” Haaretz Editorial, July 6/22
“Following ballistic tests of the bullet that killed Palestinian journalist Shireen Abu Akleh in Jenin, the U.S. State Department concluded on Monday that it’s impossible to determine for certain who killed her. Nevertheless, it added, it is ‘likely’ that the fatal shot came from an Israel Defense Forces position.’
“Although the Americans said they ‘found no reason to believe that this was intentional but rather the result of tragic circumstances,’ the IDF apparently didn’t like the conclusion that its soldiers were ‘likely’ responsible for the shooting. So what did it do? It erased the part it didn’t like. The army issued a statement without mentioning the Americans’ conclusion that its soldiers probably fired the bullet. The IDF Spokesperson’s Unit said it’s impossible to be sure which gun fired the bullet due to the bullet’s damaged condition.
“Defense Minister Benny Gantz went even further by claiming the true blame for Abu Akleh’s death rested with another party entirely. ‘You have to remember that the ones who bear responsibility for this incident are first & foremost the terrorists who operate from among a civilian population,’ he said. There’s nothing new under the Israeli sun – the Palestinians kill themselves.
“Israel can’t ignore the conclusion, based on the tests, that it’s ‘likely’ Israeli soldiers fired the bullet. Nor is it only the Americans who reached that conclusion. Last week, the UN Human Rights Commission announced that its own investigation similarly found that Abu Akleh was killed by IDF fire. CNN, which also conducted its own investigation, determined that the IDF was in all probability the source of the bullet that killed Abu Akleh. In that case, too, the IDF said that ‘based on the investigation’s findings, Chief of Staff Aviv Kochavi has ordered work to continue to clarify & investigate the incident using all the tools at our disposal, out of a commitment to transparency & uncovering the truth.’ (cont’d)

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“CNN, which also conducted its own investigation, determined that the IDF was in all probability the source of the bullet that killed Abu Akleh. In that case, too, the IDF said that ‘based on the investigation’s findings, Chief of Staff Aviv Kochavi has ordered work to continue to clarify & investigate the incident using all the tools at our disposal, out of a commitment to transparency & uncovering the truth.’ But beyond those pretty words, it provided no information as to who will clarify & investigate & what tools will be used.’
“‘The IDF must provide real answers about the circumstances of the death of a journalist who was a Palestinian symbol both in life & in death, & all the more so after Israel desecrated her coffin during her unforgettable funeral procession. Instead of once again trying to do a snow job on the whole world with vague promises & an endless public diplomacy campaign, it ought to demand that the Military Police open an immediate criminal investigation.”
“‘Even if such probes always have a tendency to be ‘the IDF investigating itself,’ this would nevertheless be infinitely preferable to Israel’s denials of one simple fact – everyone who has investigated this incident has pointed a finger at soldiers from the Duvdevan unit, even if this is ‘merely’ very likely.”

RE: “The US Department of State said on Monday that it could not reach a ‘definitive conclusion’ regarding the origin of the bullet that killed Palestinian journalist Shireen Abu Akleh . . . ” ~ Patel & Barghouti
ALSO SEE: An Israeli bullet killed Shireen. Denial is the army’s time-tested strategy | By John Brown | +972 Magazine | July 5, 2022
Israel’s attempts to deny responsibility for Abu Akleh’s death is part of its long-standing policy of obfuscating investigations into Palestinian killings.
LINK – https://www.972mag.com/shireen-bullets-army-investigation/

The IDF conducted a “thorough” investigation, questioning each soldier who operated at the scene, determining where each one stood and the direction in which they fired, the senior official claimed. As a result, the army managed to narrow down the list of possibly involved soldiers to one. While it wasn’t able to reach a definitive determination without the bullet, the IDF did conclude that the shooting was not intentional, he said.
https://www.timesofisrael.com/abu-akleh-killing-casting-shadow-over-bidens-upcoming-trip-israeli-official-says/

The IDF viewpoint, take it for what it is worth.

So they know who shot, why was this soldier and his testimony not made available?

RE: “The US Department of State said on Monday that it could not reach a ‘definitive conclusion’ regarding the origin of the bullet that killed Palestinian journalist Shireen Abu Akleh . . . ” ~ Patel & Barghouti
SEE: Progressives Introduce Legislation to Force US Investigation into Israel’s Killing of Shireen Abu Akleh | By Alex Kane | Jewish Currents | July 6, 2022
ON TUESDAY NIGHT, 11 Democrats introduced legislation that would force the FBI and the State Department to investigate the killing of Palestinian American journalist Shireen Abu Akleh and determine whether US weapons were used to kill her. . .
LINK – https://jewishcurrents.org/progressives-introduce-legislation-to-force-us-investigation-into-israels-killing-of-shireen-abu-akleh