US Response Remains Muted a Year After Slaying of Shireen Abu Akleh in West Bank

Miriam Berger / The Washington Post
US Response Remains Muted a Year After Slaying of Shireen Abu Akleh in West Bank Pictures and other objects are displayed in memory of slain journalist Shireen Abu Akleh, in the room that used to be her office at the Al Jazeera news channel, in the West Bank city of Ramallah on Tuesday. (photo: Ahmad Gharabli/AFP)

Early on May 11, 2022, Palestinian American journalist Shireen Abu Akleh and her colleagues at Al Jazeera were doing their jobs, covering the aftermath of an Israeli raid in the West Bank. They wore protective gear, with helmets and vests marked “PRESS.” They stationed themselves by a quiet road in view of the Israel Defense Forces. Then came the volleys of bullets. Abu Akleh was killed instantly, struck below her helmet.

A Washington Post investigation, among others, found that an Israeli soldier likely fired the fatal shot — during a moment of relative calm, not in the midst of a firefight with militants, as Israel claimed. Her case fits a pattern: The New York-based Committee to Protect Journalists (CPJ) found in a recent report that for the 20 reporters — 18 of them Palestinian — whose deaths can be attributed to the IDF since 2001, no one has been charged or held accountable.

In the year since her death, Abu Akleh’s family has demanded an independent investigation — and justice. The U.S. government pledges to protect its citizens and media freedoms. But Abu Akleh’s family is still waiting.

“Accountability means anyone and everyone involved in Shireen’s killing, whether it’s from the soldier who pulled the trigger all the way up to the chain of command, that they’re all held accountable,” Lina Abu Akleh, Shireen’s niece, said by phone. She spoke from the predominantly Palestinian East Jerusalem, where the family is from. “It also means transparency. That the full truth about what happened to Shireen is public.”

The Israeli military did its own internal investigation — and in September concluded that an Israeli soldier “highly likely” fired the bullets but did so “accidentally” during “an exchange of fire” with Palestinian gunmen. As no crime was committed, Israeli authorities found, Israel issued no charges and took no disciplinary action.

The United States also led a forensic and ballistics analysis. The U.S. security coordinator (USSC) in Jerusalem, who liaises with Palestinian security services and oversaw the investigation, did not itself interview any soldiers or witnesses. In July, the State Department similarly concluded the killing was “tragic” and unintentional.

But numerous news organizations and rights groups, along with The Post, found no evidence of fighting or crossfire. Other evidence suggests the journalists were even targeted. Abu Akleh’s family in July accused the United States of “skulking toward the erasure of any wrongdoing by Israeli forces.”

In December, the Al Jazeera requested the International Criminal Court investigate Israel for the potential war crime of targeting and killing their correspondent. A team of U.N. human rights experts in May of last year said that her killing “may constitute a war crime,” as she was “clearly performing her duties as a journalist” and that authorities failed “to properly investigate killings of media personnel.”

Neither Israel nor the United States accept the jurisdiction of The Hague-based ICC and both opposed Al Jazeera’s case.

Initially, President Biden called for “a full and transparent accounting” and pledged “to stand up for media freedom everywhere in the world” in July while visiting the region. That month, Secretary of State Antony Blinken met with Abu Akleh’s family. Two months before, State Department spokesperson Ned Price said the agency wanted “an immediate and thorough investigation and full accountability. Investigating attacks on independent media and prosecuting those responsible are of paramount importance.”

But the United States has done little to advance the cause, and if anything, has backed off. In September, Price said the top U.S. diplomat was “not looking for criminal accountability” after the U.S. and Israeli investigations found Abu Akleh’s death “the tragic result of a gunfight.” Accountability in this case, he said, meant “steps put in place” so “the possibility that something like this could happen again is profoundly mitigated.”

Last week, State Department deputy spokesperson Vedant Patel said at a news briefing that the United States has “continued to press Israel to closely review its policies and practices on rules of engagements and consider additional steps to mitigate risk of civilian harm and protect journalists,” without going into detail.

“We are determined to prevent similar tragedies from occurring in the future and continue to engage with Israel in this regard,” a State Department spokesperson said in a statement.

The response is not good enough for some members of Congress, who in letters and legislative amendments have pressed for an independent investigation into why a U.S. citizen and journalist was gunned down with apparent impunity. Nearly half of Democrats in the Senate signed a letter to Biden in June reiterating the United States’ “obligation to ensure that a comprehensive, impartial, and open investigation into her shooting death is conducted.”

Abu Akleh’s death has spurred calls for conditions on Washington’s $3.8 billion annual military aid to Israel — a long-standing demand by Palestinian activists and some progressive Democrats. “Whether her killing was intentional, reckless, or a tragic mistake, there must be accountability,” Sen. Patrick J. Leahy (D-Vt.), who sponsored an act in his name that prohibits Washington from giving military aid to human rights violating countries, said in a statement in September. “And if it was intentional, and if no one is held accountable, then the Leahy Law must be applied.”

Some in Congress are also calling for full transparency around two government reports in the works, Sen. Chris Van Hollen (D-Md.) told The Post on Monday. An FBI investigation is underway, with which Israel said it would not cooperate. The USSC recently submitted a report to the State Department — but Van Hollen said the State Department plans to make “unspecified changes” before sharing it with Congress. Last week, he sent a letter to Blinken calling for the release of the unedited version.

“There are a lot of people who would like this to go away,” he told The Post. “And we need to make sure that this isn’t swept under the rug.”

Abu Akleh’s advocates face an uphill battle keeping her high-up on Washington’s agenda as the Biden administration tries to keep strong ties with Israel while contending its far-right government — and as a new phase of the Israeli-Palestinian conflict unfolds. Abu Akleh was one of nearly 150 Palestinians killed in 2022 by Israeli forces in the occupied West Bank and East Jerusalem, and 94 more have been killed as of May 1, according to the United Nations, the highest rates in years. At least 17 Israelis and one foreign national have been killed in Palestinian attacks. Grimly, the anniversary of her death comes amid another deadly escalation in Gaza.

If her aunt were not Palestinian and killed by Israel, Lina Abu Akleh said, justice may have already been served.

“We honestly feel that because Shireen is a Palestinian American there has been a different way of handling the situation,” she said. “If she was killed in another part of the world, then of course it would have been handled in a totally different way.”

The State Department said Israel has “the wherewithal and the capabilities to conduct a thorough, comprehensive investigation.” But when it comes to journalists, and in particular Palestinian ones, the CPJ report “found a pattern of Israeli response that appears designed to evade responsibility.”

From Jerusalem to Washington, memorials are being held this week for a journalist remembered as much for her compassion as her reporting.

“We will continue seeking all avenues to achieve justice for Shireen and to make sure that such a crime doesn’t happen again,” the niece said. “Because we know that this is what Shireen would have done if it was any of us or any of her colleagues.”

“When there’s no action,” she said, “there’s no accountability.”

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