Washington Adopts the Israeli Narrative – What Are the Chances of the ICC’s Trial for the Killers of Shireen Abu Akleh?

After the confirmation of the Israeli Occupation army's involvement in the assassination of the Palestinian journalist and Al-Jazeera correspondent, Shireen Abu Akleh, on May 11, 2022, the trial of "Israel" and its leaders responsible for her killing has become an urgent international necessity.

Shireen Abu Akleh, who also holds American citizenship, was killed while covering the Israeli raid on the Jenin refugee camp in the occupied West Bank.

The 51-year-old Al Jazeera journalist was fatally shot in the face, despite wearing a "press identification" flak jacket.

The Al-Jazeera network and the Palestinian Authority pledged to activate all possible paths to bring those responsible for the assassination to international justice and take their legal punishment.

But to date, there has been no comment from the international courts on the case, which raises serious concerns about the ability of the Israeli entity to escape punishment for its repeated crimes.

The US State Department claimed, in a statement, that the bullet that killed Shireen Abu Akleh does not allow for a "final conclusion" regarding the source of the bullet that killed her.

 

Multiple Investigations

The first file that Al Jazeera may carry in the case of the martyr Shireen is the report of the Palestinian Public Prosecution, which concluded that the projectile that hit Abu Akleh's head and led to her death is of the armor-piercing type and has characteristics that are used with a sniper weapon.

The Palestinian Public Prosecutor, Counselor Akram al-Khatib, confirmed that the detailed report prepared on the murder of the martyr Abu Akleh confirms that an Israeli Occupation soldier shot her in the head while she was trying to escape for cover.

Al-Khatib stressed in a press conference on May 26 that the shooting at journalists by the Occupation forces was "direct and deliberate."

In addition to the Palestinian investigations, on May 24, the Associated Press and CNN published two investigations revealing the truth about the assassination of Abu Akleh.

CNN said it had collected evidence confirming that the Israeli army deliberately targeted Shireen, adding that the analysis of bullet marks in the tree where Abu Akleh took shelter indicates that she was deliberately targeted.

The network's investigation concluded that "there were no armed men or armed confrontations near Shireen Abu Akleh during the moments before her murder."

For its part, the Associated Press said that its investigation into the circumstances of the killing of Shireen Abu Akleh reinforces the assertions of the Palestinian authorities and the deceased's colleagues that the bullet that killed her came from an Israeli soldier's rifle.

The agency stated that its journalists visited the site where Shireen was killed, on the outskirts of Jenin camp, and listened to eyewitnesses as well as examined the available photos and videos.

It stated that her interviews with five eyewitnesses came with a result consistent with the findings of the Dutch Bellingcat group for investigative journalism regarding the location of the Israeli forces and their proximity to Shireen, which makes targeting by the Occupation soldiers the likely possibility.

 

Wide Claims

The investigations of the United Nations High Commissioner for Human Rights also showed that the Israeli forces were behind the fatal shooting of Shireen Abu Akleh, and it was not from indiscriminate shooting by Palestinian gunmen.

"More than six weeks after the killing of journalist #ShireenAbuAkleh, and injury of her colleague Ali Sammoudi in Jenin on May 11, 2022, it is deeply disturbing that #Israeli authorities have not conducted a criminal investigation," UNHCR spokeswoman Ravina Shamdasani said at a press conference in Geneva on June 24, 2022.

 

 

On the same day, the Israeli army was quick to reject the results of investigations confirmed by the United Nations into holding "Israel" responsible for the killing of Abu Akleh.

He said in a statement, "Following the biased investigations, the Israeli army reiterates its call to the Palestinians to transfer the bullet fired at journalist Shireen Abu Akleh, as the Palestinians' refusal to transfer the bullet and conduct a joint investigation symbolizes the motives of the Palestinian side."

After denial and conflicting accounts about who was responsible for the killing of Shireen, the Occupation army said that she might have been shot by an Israeli soldier by mistake. At the same time, Hebrew newspapers confirmed that the gun from which the bullet was fired had been identified.

After the assassination of Abu Akleh, international voices and demands for a transparent investigation of what happened rose, most notably a call by the US Ambassador to the United Nations, Linda Thomas Greenfield, during the Security Council session, on May 27, for a transparent, objective and impartial investigation.

In addition to the US administration, 229 Arab and international human rights organizations demanded the opening of a neutral, independent and transparent international investigation under the supervision of the International Criminal Court to find out who stands behind the crime.

In a joint statement on May 13, the organizations called for a legal human rights case regarding this crime to be brought before the International Criminal Court to prosecute Israeli leaders and politicians who publicly incite the killing of Palestinian civilians, including journalists.

The American newspaper Politico also revealed that more than 20 members of the Democratic Party sent a letter to President Joe Biden, asking him to intervene directly in the investigation into the assassination of Shireen Abu Akleh. According to the letter, a copy of which was obtained by Politico and published on June 23, "the lack of trust between the Palestinians and the Israelis requires direct intervention by the United States to ensure fair investigation results."

 

The Role of the ICC

After the Palestinian Authority and Al Jazeera network referred the file of Shireen's assassination to the International Criminal Court, Bahjat al-Helou, a researcher at the Independent Commission for Human Rights (based in Gaza), confirms that the Rome Statute regulating the International Criminal Court has identified three bodies exclusively entrusted with the crimes that fall within the jurisdiction of the court.

Regarding what Al-Jazeera network submitted of a memorandum or request for investigation to the International Criminal Court, al-Helou clarifies to Al-Estiklal that it will contribute to strengthening the court's convictions that there are crimes committed within its jurisdiction.

The court considers exclusively, as al-Helou shows, four crimes, the first of which is related to war, crimes against humanity, aggression, and the crimes of genocide itself, and the killing of journalist Abu Akleh is classified as a war crime and a crime against humanity.

He says: "The elements of the crime against Abu Akleh are available, as the first pillar is falling into the shadow of an armed conflict, the second being the presence of the Occupation leaders' knowledge and awareness on the subject, and the third being targeting a civilian."

According to the human rights researcher, the case of Abu Akleh in the Criminal Court needs a strong and qualified defense team because the individual case occurred in the context of an armed conflict, and the presence of intent and knowledge of the Occupation.

According to al-Helou, the criminal court will not sue the occupying country but rather leaders and officials. Therefore, a smart file must be prepared, based on investigation and transparency, in order to reach the court's conviction to initiate an investigation and condemn the responsible parties.

Regarding the Israeli failure to join the Criminal Court, al-Helou explains that this will not absolve it from trial, accountability, and responsibility, as the International Court can, at the request of the State of Palestine, extend its jurisdiction to try officials in the occupying country.