The New York Times found a high probability she had been killed by an Israeli sniper, confirming the findings of earlier investigations by the Associated Press, CNN and the Washington Post. Like the other publications, the Times based its findings on video footage, witness testimonies and acoustic analysis.
“The bullet that killed Ms Abu Akleh was fired from the approximate location of the Israeli military convoy [in Jenin], most likely by a soldier from an elite unit,” the Times concluded. A total of 16 shots were fired at the group of journalists that included Abu Akleh.
Last month, CNN said the evidence it unearthed suggested the veteran Al Jazeera journalist had been killed in a “targeted attack by Israeli forces”. Similar conclusions have been reached by human rights groups that have studied the evidence, including Israel’s respected occupation watchdog, B’Tselem.
A major blow
These probes are a major blow to Israel, coming from reputed media organisations that are usually seen as highly sympathetic to Israel rather than the Palestinians.
They have kept the killing of the journalist in the headlines when Israel had hoped interest would quickly wane – as is the case with the overwhelming majority of Palestinian deaths.
The investigations have made it much harder for Israel to obscure both its responsibility for Abu Akleh’s killing and the intention behind it. The bullet that killed her was fired with the apparent goal of executing her, hitting a narrow, exposed area of flesh between her helmet and a flak jacket marked “Press”.
And the various probes have highlighted once again how unwilling Israel is to hold its soldiers to account for committing crimes if the victim is Palestinian.
Instead, Israel has had to twist and turn in defending its failure to identify the culprit. It initially refused to investigate, claiming a Palestinian gunman, not one of its soldiers, shot Abu Akleh during the military raid.
All the media investigations show that to be untrue.
Then Israel suggested that she might have been hit by the crossfire from an Israeli soldier being fired on by Palestinian gunmen. But all the investigations have shown that Palestinian fighters were nowhere near Abu Akleh when she was shot. She was, however, clearly visible to a unit of Israeli soldiers.
More recently, Israel has tried to shift the blame onto the Palestinian Authority, saying it has not cooperated by handing over the bullet that killed Abu Akleh or by agreeing to hold a joint investigation. As ever, Israel behaves as if the party accused of the crime should be the one to oversee the investigation.
The Palestinian Authority rightly refuses requests for cooperation, arguing that they are being made in bad faith. Israel would exploit any joint investigation to concoct “a new lie, a new narrative”, the PA observes.
A meaningful question
In reality, Israel already knows exactly which of its snipers pulled the trigger. The only meaningful question at this stage is, why? Was the shooting committed by a hot-headed soldier, or was it an execution carried out on orders from above? Was the intention to target Abu Akleh specifically, or did it not matter which of the group of journalists she was among was hit?
Israel, however, isn’t the only party discomfited by the media’s repeated investigations.
They have also served to embarrass Joe Biden’s administration. Antony Blinken, the US secretary of state, has called for an “independent, credible investigation”, while his department has underscored the need for a “thorough and independent investigation”.
The New York Times and the other major media outlets have all proved that just such an investigation can be carried out. And yet the silence from the US administration at their shared findings is deafening.
There are two further, possibly less obvious conclusions the rest of us should draw from these efforts to identify who was responsible for killing Abu Akleh.
The first relates to the exceptional nature of the investigations conducted by the US media. Concern at the killing of a Palestinian is far from the norm. In this case, it appears to have been prompted by an unusual coincidence of facts: that Abu Akleh was a high-profile, internationally respected journalist and that she had US citizenship.
In other words, she was seen not just as any ordinary Palestinian, or even as a Palestinian journalist, but as one of the western media’s own.
In murdering Abu Akleh, Israel reminded journalists at the New York Times, AP, CNN and the Washington Post that the lives of their correspondents covering Israel and Palestine are in more danger than they possibly appreciate. In killing her, Israel crossed a red line for the western media – one premised on self-interest and self-preservation.
There are parallels with the media’s special treatment of the killing of Saudi journalist Jamal Khashoggi – and for similar reasons. Khashoggi, who was working for the Washington Post, was murdered and his body dismembered during a visit to the Saudi embassy in Turkey.
As with Israel, Saudi Arabia‘s leadership has an appalling human rights record and is not hesitant to jail and kill its opponents. But Khashoggi’s murder provoked unprecedented outrage from the media – outrage that Saudi Arabia’s many other victims have never warranted.
The fact is the US media could have conducted similar investigations into any number of Palestinian deaths at the hands of the Israeli security services, not just Abu Akleh’s, and they would have reached similar conclusions. But they have consistently avoided doing so.
There is a danger inherent in focusing exclusively on Abu Akleh’s killing, just as there was with focusing exclusively on Khashoggi’s. Each has the effect of making it look as though their deaths are exceptional events requiring exceptional investigation – when they are each an example of a longstanding pattern of regime lawlessness and human rights abuses.
The special focus subtly reinforces too the impression that Palestinian accounts of Israeli abuses, even when the supporting evidence is overwhelming, cannot be trusted.
The veteran Israeli journalist Gideon Levy has run a weekly column, the Twilight Zone, in the Haaretz newspaper for years in which he investigates the killing or serious wounding of Palestinians – often people whose names have never appeared in the western media.
Invariably he finds that Israel’s military lies – sometimes flagrantly – about the circumstances in which Palestinians have been killed, or it initiates an inconclusive, stone-walling investigation.
The lies are needed because the truth would show something consistently ugly about Israel’s decades of military occupation: that Israeli soldiers often kill unarmed Palestinians in cold blood; or that they recklessly shoot Palestinian bystanders; or that they execute armed Palestinian fighters when no one’s life is in danger.
The common thread in Levy’s reports is the complete impunity of Israeli soldiers, whatever their actions.
Pilloried in public
But there is a further conclusion to be drawn. Blinken and the Biden administration keep insisting on a thorough, independent, credible and transparent investigation, and say it is important to “follow the facts, wherever they lead”.
But who do they expect to carry out such an investigation?
The White House, of course, reflexively discounts the findings of the Palestinian Authority’s investigation that Abu Akleh was deliberately shot by Israeli soldiers. It acts as if the investigations conducted by these four large media organisations do not qualify. Meanwhile, the administration itself shows precisely zero interest in conducting an investigation, despite pressure from Congress to involve the FBI.
Would Blinken prefer that the United Nations take on the task? Presumably not, given how the US and Israel responded to the last major independent investigation by the UN, one into Israel’s month-long attack on Gaza at the end of 2008. Israel refused to cooperate.
Richard Goldstone, a distinguished South African jurist, led a panel of experts who concluded that Israel had committed a series of war crimes during its attack, known as Cast Lead, as had Palestinian militias.
The UN panel’s report found that Israel had adopted a policy that intentionally targeted Palestinian civilians, the vast majority of the 1,400 Palestinians killed in Cast Lead.
Both the US and Israel worked strenuously to bury the report. Goldstone, who is Jewish, found himself publicly shamed and isolated by Jewish communities in the US and South Africa. He was even barred from attending his grandson’s bar mitzvah. Eventually, he appeared to succumb to the pressure campaign, expressing regret over the report.
No one in Washington came to Goldstone’s defence over the UN’s thorough, independent, credible and transparent investigation. Quite the reverse: he was publicly pilloried. The US administration thereby sent a message to other experts that investigating “independently” and “credibly” is certain only to bring ignominy on their heads if it exposes Israel’s war crimes.
Israel’s hands ‘tied’
Or maybe Blinken would prefer that the International Criminal Court at the Hague investigate.
And yet the US demonstrated the degree to which it appreciates full, independent, credible and transparent investigations by that body two years ago, when the ICC tried to turn the spotlight on to US war crimes in Afghanistan and Israel’s in the occupied Palestinian territories.
In response, Biden’s predecessor, Donald Trump, imposed sanctions on the court, denying staff entry to the US and threatening to seize its assets. The threat extended to anyone offering “material support” to the court – language more normally used in the context of terrorism.
The reality, as all parties understand, is that only an investigation overseen by Israel could ever count as “thorough, independent, credible and transparent” to the US.
The subtext is that an investigation cannot hope to reach the bar of “credible, independent and transparent”, as far as Washington is concerned, until the Palestinian Authority agrees to hold a joint inquiry with Israel.
But both Israel and the US know full well that the Palestinian leadership will never agree to such “cooperation” – because Israel’s role would not be to arrive at the truth but to engineer a cover-up.
The demand for a “credible, independent and transparent” investigation is the US administration’s code for an investigation that will never take place. It is the diplomatic equivalent of the pot of gold at the end of the rainbow.
But more importantly, it is the kind of impossible investigation that, conveniently for the US and Israel, they can blame the PA for obstructing. As long as the Palestinians refuse to “cooperate”, Israel’s hands are supposedly tied.
Abu Akleh’s murder has not just revealed the fact that Israeli soldiers kill Palestinians, any Palestinian, with impunity.
It has revealed too that the Biden administration is not troubled by the killing, or by the impunity of the soldier who executed her. All that bothers the White House is the irritant of having to create the impression it cares about the truth and the impression that Israel is doing its best to investigate.
Until the matter can be swept aside, it will be a little harder for each to get on with business as usual: for the US to give Israel full-throated financial, diplomatic and military support; and for Israel to continue its incremental, decades-long work of seizing control of the Palestinians’ entire, historic homeland.
But at least for each of them, with Abu Akleh gone, there is one less fearless witness to expose quite how hollow their moral posturing is.
• First published in Middle East Eye