Open-Fire Policy
On Wednesday, 11 May 2022, Shireen Abu Akleh (51), a Palestinian journalist with Al Jazeera, was fatally shot at the entrance to Jenin Refugee Camp. A colleague of hers, journalist Ali Samudi (55), was shot and wounded in the shoulder. Israel was quick to deny any responsibility for the incident the very same morning, claiming armed Palestinians had fired the shots. However, this claim was soon refuted. Since then, the Israeli version has changed several times. In the two months since the killing, leading global media such as CNN, The New York Times, Bellingcat, AP and The Washington Post have conducted in-depth investigations based on video footage filmed at the scene before, after and during the shooting, as well as on video soundtrack analysis and eyewitness accounts. The UN High Commissioner for Human Rights also investigated the incident. These investigations, as well B’Tselem’s, determined that all the findings indicate the shots that killed Shireen Abu Akleh were fired by the Israeli military from a spot where military vehicles were standing, about 200 meters away. The investigations uncovered no records of an armed Palestinian located between the journalists and the military vehicles. All the documentation of armed Palestinians’ whereabouts during the incident puts them either at sites without a direct line of fire to the group of journalists or at a distance that does not match audio analysis of the footage. The findings of the investigations indicate the following sequence of events. At around 5:00 A.M., Israeli troops entered Jenin Refugee Camp. After the soldiers entered the crowded camp, an exchange of fire ensued between them and armed Palestinians. About an hour later, at around 6:00 A.M., several journalists, including Abu Akleh, arrived to document the events. They took up a position by a roundabout near the camp, about 200 meters away from a parked military convoy. A few minutes later, the journalists walked up the street towards the military vehicles, wearing helmets and blue bulletproof vests marked "Press". After the journalists walked about 20 meters, six shots were fired at them from the direction of the military vehicles. One bullet hit Ali Samudi in the shoulder, and he hurried towards a car parked nearby to escape the gunfire. The other three journalists turned back, including Abu Akleh, who tried to hide near a tree by the side of the street. At that point, seven more shots were fired at them, and Abu Akleh was hit and fell to the ground. An autopsy performed by the Palestinian Authority found, according to media reports, that the bullet hit her in the back of the head. Two minutes later, camp resident Sharif al-‘Azab (20) tried to evacuate Abu Akleh. Three shots were then fired at him. Eventually, several young Palestinians who were at the scene managed to get Abu Akleh to hospital, where she was pronounced dead. Israel immediately denied any responsibility for the killing, claiming Abu Akleh was shot by a Palestinian. It also distributed video footage originally shared on social media, showing a Palestinian opening fire that morning. B’Tselem immediately investigated the footage and found that, based on GPS coordinates and aerial photographs of the area, the gunfire captured in it could not have hit Abu Akleh and her colleague, as there was no direct line of fire between the shooter and the journalists. Israel announced it was looking into the circumstances of the incident, but claimed the Palestinian Authority’s lack of cooperation, marked by its refusal to hand over the bullet that killed Abu Akleh, was preventing progress. Following pressure from the US (Abu Akleh was a US citizen), the PA handed the bullet over to the US for ballistic analysis. On 4 July 2022, the US Department of State issued a brief statement on the results of a ballistic analysis "overseen by the US Security Coordinator.” According to the statement, the bullet was too badly damaged to enable a definitive conclusion, yet based on the Israeli and Palestinian investigations, “gunfire from IDF positions was likely responsible for the death of Shireen Abu Akleh." The statement stressed there was "no reason to believe" the killing was "intentional” rather than the result of "tragic circumstances" that arose during a military operation against Islamic Jihad factions in Jenin following a series of terrorist attacks in Israel. The statement did not detail the reasoning that led to this conclusion. First, it seems the USSC based its conclusion that Abu Akleh was killed due to “tragic circumstances” on the findings of the Israeli inquiry. After changing versions several times, Israel finally claimed it was possible that Abu Akleh was killed by a soldier’s gunfire. According to this version, the soldier fired "a few bullets from a designated firing hole in an IDF vehicle using a telescopic scope at a Palestinian gunman who was shooting at the aforementioned vehicle. The Palestinian gunman fired multiple barrages of gunfire at the IDF soldier, and there is the possibility that Ms. Abu Akleh, who was near the Palestinian gunman from behind, was hit by the soldier's fire toward the Palestinian gunmen (sic)." Yet objective findings contradict Israel’s version. A live TikTok broadcast by a young Palestinian captured the seven minutes leading up to the shooting, as well as the shooting itself. The continuous video footage shows that the scene was quiet during the shooting, the journalists were not standing near armed Palestinians, the shooting at them was not preceded by "barrages" of gunfire from their direction, and they openly and slowly walked towards the military vehicles. Palestinian eyewitness accounts gathered shortly after the incident described a similar sequence of events and are consistent with the footage. Second, attributing the death of Abu Akleh and the wounding of Samudi to “tragic circumstances” is detached from reality and contradicted by the footage. The gunfire heard in the footage consisted of two targeted volleys. A bullet from the first volley of six shots hit Samudi, at which point the journalists fled. A bullet from the second volley of seven shots hit Abu Akleh as she was trying to take cover. Three more shots were then fired at a young man who tried to remove her as she lay injured on the ground. Repeat shooting directly at unarmed civilians, most of them conspicuously marked as journalists, cannot be considered “tragic circumstances.” Third, while the US statement noted that the shooting at Abu Akleh was likely carried out by a soldier, it added that the killing was not “intentional.” Whether Abu Akleh was killed intentionally or not is not the only question, as lack of intent does not grant an exemption from liability. A pertinent question is whether any real effort was made to prevent civilian casualties during a pre-planned Israeli military operation, carried out in broad daylight by heavily protected military forces. Israel, on its part, certainly made no such effort. For years, it has been implementing an unlawful open-fire policy in the West Bank that permits use of live fire in non-life-threatening circumstances. When Palestinians are killed as a result, Israel refrains from taking action against the persons involved, thereby allowing such cases to recur. Although all the officials who sign off on the policy – including senior military officers and prosecutors – are well aware of the outcome, it remains unchanged. Following the US statement, Israel also announced that the source of the shooting that killed Abu Akleh could not be determined, adding that the facts of the case would remain unknown. Its statement redacted the US’ conclusion that the gunfire that killed Abu Akleh likely came from an Israeli position. It also made no reference to investigative actions Israel could have chosen to take independently – such as examining the footage captured by the soldiers’ body cameras on the ground and comparing it to the audio of the shooting captured in the TikTok video, or conducting a compatibility test between the bullet that hit Abu Akleh, which is usually used by marksmen, and the ammunition provided to the forces on the ground that day. Hundreds of failed investigations led by the military law enforcement system over the years indicate that Israel has no desire to uncover the truth – in this case, as in others. Citing difficulties to investigate is disingenuous, and the chief of staff’s promise to continue investigating “with a commitment to transparency and revealing the truth of the incident, using all tools available to the IDF” is divorced from reality. Israel’s investigation system is geared towards whitewashing. All that can be expected is that Israel will complete the whitewashing process it began as it sees fit. There never was, or will be, transparency. The inquiry and the investigation (if launched) will serve to cover up the incident, and acts of violence against Palestinians will continue unimpeded. Testimonies: Ali Samudi: On Wednesday, 11 May 2022, at around 6:00 A.M., I received a phone call from a fellow journalist informing me that the military was raiding the western part of Jenin Refugee Camp. I called my colleague Shireen Abu Akleh, who works with me at Al Jazeera, and told her. I live nearby, so I left my house and headed to al-‘Odeh roundabout at the western entrance to the camp. I waited for the Al Jazeera channel team, who got there around 6:15 A.M. There were other journalists there, including Mujahid Saadi and Shatha Hanaysha. We waited at a spot that’s usually considered safe. We started walking until we got to a street that splits off from the street we were on. We were wearing vests with “Press” printed on them and had helmets on. There were several military vehicles on the street. Shireen was walking next to me, and other journalists were behind us. I told her about the raid and its goal – to arrest the brother of the martyr ‘Abdallah al-Husari. We walked in a straight line and there were some military jeeps ahead of us, about 200 meters away. We wanted the soldiers to see us and identify us as journalists. We’d managed to walk about 20 meters when suddenly, a shot was fired at us. None of us were hurt, but I was very afraid for my life and for the lives of my friends. We all stopped and started shouting. I said to Shireen, "They’re shooting at us, let's go back." I turned back immediately, along with the others. Just as I started to turn around, I felt something hit the top of my shoulder. I was sure I’d been shot. I started running and shouting, "I’ve been hit, I’ve been hit." I heard Shireen’s last words. She was running and saying, “Ali’s been hit, Ali’s been hit." I ran to the main road, where I was picked up by a private car that took me to Ibn Sina Hospital. While I was running, I heard shots fired in our direction. After I got to the ER they brought Shireen there, too. I think she was dead. It’s important to state that I didn’t see any Palestinian gunmen there. My friends and I made sure not to be in places where we would be at risk. Mujahid Saadi: We walked until we got to the entrance to the street where the military vehicles were. The information we had was that the Israeli soldiers were raiding the home of the martyr ‘Abdallah al-Husari, who was killed by Israeli military gunfire in early March. We were four journalists. We stood for a short while at the entrance to the street, so the soldiers would notice us and see that we were journalists. That’s what we’re used to doing, to give the soldiers a chance to see us. We didn’t see any signal from the soldiers that we had to stop, so we decided to walk slowly towards the military jeeps. We walked on a little, about 20 meters. Earlier, I’d placed my camera tripod on the ground and turned it on. Suddenly, I heard a single shot, followed by several others. One of them hit Ali. He shouted, “I’ve been hit! I’ve been hit!” while turning around to go back. We all turned back like him. I managed to run away and take cover behind a concrete fence, leaving the camera and tripod behind. I heard Shireen say, “Ali’s been hit! Ali’s been hit!” Those were the last words I heard her say. Just as she finished saying them, she fell under the carob tree on the right side of the street. After I found shelter by the cement block factory, I started shouting, “We need an ambulance! Someone’s injured!” Then I turned around to go to the area behind the fence, near where Shatha Hanaysha was hiding, behind the trunk of the carob tree. Shireen was lying face down on the ground and motionless, under the tree. After one of the guys took a risk and moved Shireen several meters away, we took her to hospital in a private car. I went with her. She didn’t move at all. I talked to her and tried to wake her, but it didn’t help. When the doctors at the hospital said she was dead, my colleagues and I were shocked because we were in touch with her all the time, especially around the recent incidents in the refugee camp. Because I was so surprised by the shooting, I didn’t take care of my camera equipment and left it behind. When I went back to pick up my things, there was nothing there. To this day I don’t know who took them. It could have been a resident or the military. It’s important to say that I didn’t see any gunmen around so I felt safe and calm, because we’d taken every professional safety measure to document the raid and the Israeli aggression. Shatha Hanaysha: After we put on bulletproof vests and metal helmets, we started walking west. We walked about 25-20 meters towards the entrance to the street. There were military vehicles parked further up the street. We stopped for a while at the entrance to the street, so the soldiers would notice us and see that we were journalists. We were all wearing journalist clothes with "Press" printed on them. Then we started heading south, slowly and quietly. We’d barely gone 20 meters when the soldiers suddenly fired a shot in our direction. The bullet hit something solid or a wall. I was very frightened. Mujahid and Ali started shouting at us to turn back. We’d just started to turn around to run back when Ali shouted, "I’ve been hit, I’ve been hit." Ali kept running, moving away. Shireen and I ran even though the vests were heavy. Suddenly, Shireen fell face down on the ground. I hid behind the trunk of a carob tree to shelter from the shots fired at us. My friend Mujahid managed to jump over a low wall to escape the shots, which continued. He called for an ambulance. I tried to put out my hand to reach Shireen and help her or pull her away, but I couldn’t because of the gunfire. I was truly anxious. I’ve never been so scared in my life. A young man came towards us, climbed over the wall behind me and got off next to me. At first, he tried to drag Shireen away. Then he started supporting me and led me a few meters away, to get me out of the range of fire. Then he went back and carried Shireen a few meters to the edge of the wall. Then some other young men quickly came over and helped him carry her by hand to a private car that took her to Ibn Sina Hospital. I went with her. The hospital said she was dead after resuscitation attempts. I’m still in pain from those horrific moments and from losing a friend who was dear to us. I can’t believe what happened to us. Before the shooting, I felt safe because I didn’t see any gunmen or operatives in our area. My friends and I took every precaution as journalists. Sharif al-‘Azab: On Wednesday morning, 11 May 2022, I was near al-‘Odeh roundabout at the western entrance to Jenin Refugee Camp. The Israeli military was raiding the home of the martyr ‘Abdallah al-Husari, in order to arrest his brother. I saw a group of journalists stand for a short while and then walk quietly along the entrance to the street leading to the military vehicles, until I couldn’t see them anymore. Just then, I heard shouts that someone was injured and needed an ambulance. I saw the journalist Ali Samudi running and shouting, "I’ve been hit, I’ve been hit." One of the residents managed to take him to a nearby hospital. I went over to them immediately to help whoever was wounded. I went around the spot, through a lower area, and reached the back of a concrete wall. A journalist was by the wall, hiding behind a carob tree, and someone was lying face down on the ground next to her. I climbed over the wall and got off, despite the continuous shooting at us. I tried to lift the woman who was lying on the ground. When I took off her helmet, I realized it was the famous journalist Shireen Abu Akleh. Her head and hair were covered in blood, and she wasn’t moving. I decided to help the journalist, who was clinging to the tree trunk in a panic, and get her away from there. I led her to the edge of the wall so she could climb over it and get out of the range of fire. I went back to pick up Shireen Abu Akleh. I managed to carry her a few meters, so the trunk of the carob tree was between us and the soldiers' gunfire. Other young men who were there helped me carry her to a private car that took her to Ibn Sina Hospital. Shireen's friends rode with us in the same car. The doctors tried to perform CPR, but it didn’t help. The doctors announced her death.
21 July 2022
