According to a report by Axios on Monday, the US Department of Justice informed its counterpart in Israel that the FBI is opening an investigation into the incident. Abu Akleh was fatally shot by Israeli forces while covering a raid on the occupied West Bank city of Jenin in May. The Al Jazeera correspondent, who was 51, was a US citizen and one of the best-known reporters on the conflict in the Arab world. The scope of a US investigation, as well as the consequences that could arise, remain unclear. A spokesman for the US Department of Justice declined to comment when contacted by Al Jazeera on Monday. But Israeli Defense Minister Benny Gantz said Israel would not cooperate with an outside investigation into Abu Aklech’s murder. “The decision made by the US Department of Justice to investigate the tragic death of Shireen Abu Akleh is a mistake,” Gantz tweeted. The decision by the US Department of Justice to investigate the tragic death of Shireen Abu Akleh is a mistake. The IDF conducted a professional, independent investigation, which was presented to US officials with whom the details were shared. — Review — Benny Gantz (@gantzbe) November 14, “I gave a message to the US representatives that we stand by [Israeli army’s] soldiers, that we will not cooperate with an external investigation and will not allow interference in internal investigations,” he also tweeted. The reports on Monday come less than two weeks after Israeli voters voted in favor of a right-wing coalition that would restore former Prime Minister Benjamin Netanyahu to power. Bruce Fein, a constitutional lawyer and former Justice Department official, said the decision to open an FBI investigation into Abu Akleh’s killing means US authorities have “credible evidence” about what happened. “There is credible evidence in the FBI’s view, based on things that have been made public – regardless of Israel’s brazenness – to believe that a crime was committed, namely the murder,” Fein told Al Jazeera. “And secondly, there has to be some credible evidence – in my view – that an American citizen, could be a dual citizen, was the one who pulled the trigger.” Fein said that while Israel can quickly refuse to cooperate with the investigation, the US has many tools, including military aid and regional geopolitics, to pressure its Middle Eastern ally. “These kinds of levers can change Israelis’ minds,” he said.
The Biden administration’s position
Al Jazeera’s Mike Hanna, reporting from Washington, said details remained unclear on Monday about what a US investigation would entail, as well as its potential impact on the US-Israel relationship. “We do not know what the nature of the engagement, if any, was between the US authorities and [Israelis]Hannah said. “That would be the key issue … the extent to which the US has maintained dialogue with Israel over the death of Shireen Abu Akleh. “The situation [is] very murky right now given the lack of information we’re getting from the Department of Justice.” A US investigation into the assassination would mark a reflection on the initial stance of President Joe Biden’s administration. Despite numerous calls from US lawmakers for a Washington-led investigation, the US State Department previously ruled out opening an investigation into the incident. Instead, US officials stressed that Israel can search its own troops. Abu Akleh’s killing sparked international outrage and calls for justice from press freedom advocates. Dozens of US lawmakers, including some staunch supporters of Israel, signed letters urging Biden and his top aides to seek accountability in the case. One of the letters called for an FBI investigation. In September, the Israeli government said it would not launch a criminal investigation into the incident after releasing a public assessment that said there was a “high probability” that one of its soldiers shot Abu Akleh but that it was accidental. Video, several witnesses and multiple investigations by independent media showed that there were no armed Palestinians in the area where Abu Akleh and other journalists were standing before they started shooting at the Israeli soldiers. After demanding “accountability” for months and saying the journalist’s killers should be prosecuted, the Biden administration changed its tone after the Israeli statement in September and US public pressure for accountability was muted. Instead, the State Department urged Israel to revise its rules of engagement to prevent similar incidents in the future—a demand later publicly rejected by Israeli leaders.
“overdue step”
Meanwhile, rights advocates welcomed reports of a US investigation. “This is an important and overdue step toward accountability for relentless Israeli abuses,” Democracy for the Arab World Now, a Washington-based human rights group, said on Twitter. Robert Mahoney at the Committee to Protect Journalists said Monday that while “Israel has powerful allies and political influence in the United States … Washington has just as much influence in a state it supports with nearly $4 billion a year in aid.” “He can do more than give Israel a slap on the wrist from the press briefing podiums. It may pressure Israel to accept an FBI or other independent investigation,” Mahoney wrote in an op-ed in The Hill. “The Abu Akleh family says Shireen Abu Akleh was murdered. Israel denies it. Without a thorough, independent investigation by a credible agency like the FBI, we will never know, and journalists, even those wearing ‘PRESS’ vests, will continue to be potential targets.” U.S. Sen. Chris Van Hollen, who is leading calls for a Washington-led investigation into the killing, described the potential investigation as a “delayed but necessary and important step in the pursuit of justice and accountability” in the case. Rep. Rashida Tlaib also welcomed the reports and urged the FBI and the Department of Justice to “take every step possible to ensure that this investigation is conducted in a transparent, credible and impartial manner.” The FBI opening an investigation is the first step towards real accountability for Shireen’s murder, and it is long overdue. Not surprisingly, the Israeli government is already refusing to cooperate. — Congresswoman Rashida Tlaib (@RepRashida) November 14, 2022
