MIFTAH
Monday, 1 July. 2024
 
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The Palestinian Initiatives for The Promotoion of Global Dialogue and Democracy
 
 
 

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The Palestinian Initiative for the Promotion of Global Dialogue and Democracy (MIFTAH) expresses great regret for the Israeli army's decision not to indict soldiers responsible for the killing of a British journalist in Gaza in May 2003.

Israel closed the case against soldiers accused of shooting James Miller in the Rafah refugee camp while filming a documentary, entitled Death in Gaza, about the effects of violence surrounding Israel's illegal occupation on Palestinian and Israeli children. Military Advocate General Avihai Mandelblitt, the army's top legal authority, said a two-year internal investigation revealed insufficient proof of wrongdoing, suggesting it is not legally possible to link the soldier's shooting to the gun shot sustained by Miller, thereby leading to a conviction.

However, several witnesses, including members of Miller's filming crew, say Israeli soldiers shot at close range, although they wore "TV" insignia on their clothes and helmets and carried a white flag as they approached an Israeli armored vehicle. An autopsy report also established that Miller was struck head-on by an Israeli bullet, supporting the witnesses' claims and contradicting statements by Colonel Ari Levy, the deputy commander in Gaza, that Miller was shot from behind during crossfire between Palestinians and Israeli soldiers. Footage from the documentary showed no sign of clashes that night.

The suspicious nature of attacks on journalists suggest an apparent concentrated campaign of targeting media personnel carrying out their profession, ultimately hindering them from truthfully reporting attacks on Palestinians and civilians. Such acts constitute war crimes.

Thus, MIFTAH urges the international community to pressure the Israeli government and its occupying forces to strictly abide by legally-binding international law. Under Articles 19 and 29 of the Universal Declaration of Human Rights, journalists and media workers must be protected. Furthermore, Articles 50 and 51 of the "Protocols Additional to the 1949 Geneva Conventions” emphasize the protection of civilians, including journalists and media workers in times of war; and Article 79 of the same law states that “journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, Paragraph 1. They shall be protected as such under the conventions of this Protocol, provided that they take no action adversely affecting their status as civilians.”

MIFTAH condemns the targeting and killing of journalists and calls on the Israeli army and legal system to be fair, just and honest in its proceedings dealing with any violations. The facts of the Miller case are clear and do give reasonable evidence of foul play. Miller and his family, as well as fellow journalists who encounter similar danger, have the right to see justice prevail.

 

 
 
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