Israel's decision not to pursue a criminal investigation into the killing of Palestinian-American journalist Shireen Abu Aqla has prompted growing concerns for the safety of press covering the Israeli-Palestinian conflict.
Reports from Israeli media outlet Haaretz and the Jerusalem Post this week said the Israel Defence Forces (IDF) Military Police Criminal Investigation Division had ruled out a probe into the killing of Abu Aqla.
According to Haaretz, the main reason cited for stopping short of an investigation is because there is no suspicion of criminal activity involved in her death.
The veteran Al Jazeera journalist and United States citizen, 51, .
During the raid, Abu Aqla was shot in the head, despite wearing a press vest and helmet.
Multiple eyewitnesses, including Abu Aqla's colleagues, say that the journalist was killed by Israeli snipers that were firing live ammunition in the area where she was standing.
Al Jazeera accused the IDF of assassinating Abu Aqla "in cold blood" in a statement released shortly after Abu Aqla was pronounced dead in hospital.
The Israeli government has denied this, claiming there were several Palestinian gunmen shooting in the same location that could "likely" be responsible for Abu Aqla's death.
In an interim investigation, the IDF declared that it is not possible to deduce whether it was Palestinian or Israeli gunfire that was responsible for Abu Aqla's death.
The United Nations Security Council and the United States government have .
"The members of the Security Council strongly condemned the killing of Palestinian-American journalist Shireen Abu Akleh and the injury of another journalist in the Palestinian city of Jenin on 11 May 2022," the UNSC President said in a statement on 13 May.
The members of the Security Council called for "an immediate, thorough, transparent, and fair and impartial investigation into her killing, and stressed the need to ensure accountability".
SBS News has contacted Israel's ambassador to Australia Amir Maimon for comment.
Israel accused of 'systematic targeting of journalists'
In April, the International Federation of Journalists (IFJ) filed legal submissions to the International Criminal Court against the "systematic targeting of journalists" covering the Israeli-Palestinian conflict.
According to the IFJ, there have been 46 journalists killed by Israeli authorities since 2000.
Professor of international law at the University of Sydney Ben Saul stressed the importance of an independent investigation into Abu Aqla's death.
"International human rights law requires that whenever somebody is killed in a law enforcement incident ... there's an obligation on Israel to conduct an independent impartial inquiry to determine responsibility for that death," Professor Saul said.
"You've got to make sure that the nature of the inquiry is sufficiently robust."
Th number of journalists killed while covering the conflict is "obviously pretty high," Professor Saul said.
"I think it is fair to say, Israel is just not taking seriously its international legal obligation to ensure accountability, where alleged killings by Israel occur."
Two Palestinian girls walk past a mural of Al Jazeera journalist, Shireen Abu Aqla in Gaza City. Source: AAP / SOPA Images
"Obligations under international law, as an occupying power means that Israel is responsible for the safety and security of the objects of the people that it occupies - this includes journalists," he said.
Dr Iqtait said the killing of Abu Aqla was "an example of cultural impunity" that exists in Israel.
In May 2021, Israeli forces demolished the high-rise building where the Associated Press was based in the Gaza Strip, as well as the offices for Al Jazeera.
"I am shocked and horrified that the Israeli military would target and destroy the building housing AP’s bureau and other news organisations in Gaza," CEO of Associated Press Gary Pruitt said.
The IDF said the building was targeted because it understood that Hamas, a Palestinian Islamic political group with a militant wing, was hiding military intelligence there.
Lack of accountability 'an absolute travesty'
Director of the Alliance for Journalists' Freedom and Macquarie University journalism professor Peter Greste said there must be no impunity for the killing of journalists.
"Any time a journalist is killed there has to be accountability," he said.
According to Professor Greste, the murderers of nine out of ten journalists go unpunished.
He said the statistic "is an absolute travesty".
"The fact that we've seen so many Palestinian journalists killed within the occupied territories shows a degree of negligence and ... the degree of wilful neglect or the willingness to pursue justice," he said.
Due to contesting claims from Palestinian and Israeli authorities, all experts SBS News interviewed believe it is critical an independent investigation into Abu Aqla's death is held.
Professor Greste praised the IFJ's submissions to the International Criminal Court (ICC) to seek justice for the journalists, including Abu Aqla, whose deaths have not been adequately investigated.
"If no one else is willing or capable of holding the perpetrators to account for these murders, then I think the ICJ is right to go to the ICC."
In a statement released last week, the IDF said in its initial investigation, that it is not clear who is responsible for her death.
"The initial investigation concluded that it is not possible to unequivocally determine the source of the gunfire which hit and killed Ms. Abu Akleh," the statement said.
"The IDF expresses its deep condolences over the death of Shireen Abu Akleh, sees great importance in preserving the freedom of the press and will continue operating to ensure it."
The Israeli government offered to launch a joint investigation into who and what was responsible for her death with the Palestinian Authority (PA), but the offer was refused.
Palestinian President Mahmoud Abbas said during a public memorial for Abu Aqla that he would refuse to jointly participate in an investigation with Israeli authorities because he does not trust them.
Pallbearer arrested by Israeli police
Israel on Thursday confirmed it had arrested of one of the Abu Aqla's pallbearers, .
Israeli forces intervene in Palestinians carrying the coffin of slain Al Jazeera journalist Shireen Abu Aqla. Source: Anadolu / Anadolu Agency
A lawyer for pallbearer Amro Abu Khudeir said that his client had been arrested and questioned over his role at the funeral.
According to the lawyer, Khaldoun Najm, Israel also claimed to have "a secret file on [Khudeir's] membership of a terrorist organisation".
"I think they will arrest more young men who participated in the funeral," Mr Najm said.
"For them, the subject of the funeral and the coffin was scandalous."
Police dismissed any link between the funeral and Mr Khudeir's arrest.
"We are witnessing an attempt to produce a conspiracy that is fundamentally incorrect," they said in a statement.
"The suspect was arrested as part of an ongoing investigation which contrary to allegations, had nothing to do with his participation in the funeral procession."
Police justifications for the raid at St. Joseph's hospital have varied.
Israeli police officers, in an apparent bid to stop mourners from proceeding by foot rather than taking the coffin by car, burst through the courtyard gates and charged at the crowd, some beating pallbearers with batons and kicking them.
They cited the need to stamp out "nationalistic" chants and also said that "rioters" among the mourners hurled projectiles at officers.
Abu Aqla was widely respected for her coverage of the Israeli-Palestinian conflict over three decades, and was a household name among those who watched Al Jazeera's television news.
With AFP.
