Al Jazeera to file ICC case against Israeli forces over journalist Shireen Abu Akleh's death

Al Jazeera announced on Tuesday it was submitting a case against Israeli forces to the International Criminal Court over the killing of Palestinian American journalist Shireen Abu Akleh.

Since her death in May, the media network has been conducting an investigation into the case and planned to present it to the ICC. Al Jazeera said the case includes “new witness evidence and video footage” that “clearly show that Shireen and her colleagues were directly fired at by the Israeli Occupation Forces.”

“Al Jazeera reiterates its commitment to achieving justice for Shireen and to exploring all avenues to ensure that the perpetrators are held accountable and brought to justice,” a network statement read.

What happened to Shireen Abu Akleh?

On May 11, Abu Akleh, a Palestinian American citizen, was covering an Israeli raid for Al Jazeera in the Jenin refugee camp in the West Bank.

Al Jazeera producer Ali al-Samoudi, who was working with her, and other journalists said no Palestinian gunmen were in the area at the time of the shooting. “We were going to film the Israeli army raid, and suddenly they shot us without asking us to leave or stop filming,” he said.

“The first bullet hit me and the second bullet hit Shireen. They killed her in cold blood because they are killers and they specialize in killing only Palestinian people,” al-Samoudi alleged. “There was no Palestinian military resistance at all at the scene.”

What did Israeli authorities say at the time?

The Israel Defense Forces tweeted that it was conducting “counterterrorism activity” in the refugee camp to “apprehend terrorist suspects.” At the time, Israeli authorities disputed claims that it was Israeli soldiers who shot Abu Akleh, instead claiming it could have been due to “Palestinian armed gunfire.”

“During the activity, tens of Palestinian gunmen fired at and hurled explosive devices toward the soldiers,” the IDF said. “The soldiers responded with fire toward the gunmen, and hits were identified.” Then-Israeli Prime Minister Naftali Bennett said it was likely to have been “armed Palestinians who were firing indiscriminately.” However, in September the Israel Defense Forces admitted there was a “high possibility” that Abu Akleh “was accidentally hit by” Israeli fire.

Will the IDF punish those involved?

The IDF’s military advocate general said in September that it did not intend to pursue criminal charges against the soldiers who were involved in Abu Akleh's death.

“After a comprehensive examination of the incident, and based on all the findings presented … there was no suspicion of a criminal offense that warrants the opening of an MPCID [Military Police Criminal Investigation Division] investigation,” the statement said.

What has the Biden administration said?

On the day Abu Akleh was killed, then-White House press secretary Jen Psaki tweeted the president’s condolences and condemned the journalist’s death.

“Shireen was a reporting legend, followed closely by those who care about the region and is mourned by all who knew her,” she said, calling Abu Akleh’s death “heart-wrenching.”

Psaki went on to say the Biden administration was calling for “an immediate and thorough investigation and full accountability. Investigating attacks on independent media and prosecuting those responsible are of paramount importance.”

In July, State Department spokesman Ned Price wrote in a statement that an “extremely detailed” and independent forensic analysis “could not reach a definitive conclusion regarding the origin of the bullet” that killed Abu Akleh. However, the investigation concluded that “gunfire from IDF positions was likely responsible” for her death.

In November, the Israeli Defense Ministry revealed that the U.S. Justice Department had launched an inquiry into the killing. Benny Gantz, Israel’s defense minister, confirmed that the U.S. had begun its investigation, but he said Israel would not cooperate: “We will not allow interference in Israel’s internal affairs.” No further information has been provided about the inquiry.

Has Israel been accused of targeting journalists before?

Yes. In April, the International Federation of Journalists filed a case with the ICC over Israel’s alleged “systematic targeting of journalists” working in Palestine. “If we demand justice for the Russian targeting of Ukrainian journalists, we must demand an end to, and justice for, Israeli targeting and killings of Palestinian journalists,” Anthony Bellanger, the organization’s secretary, said. He alleged that Abu Akleh’s killing was “a deliberate and systematic targeting of a journalist.”