I nDíl Chuimhne / Lest we Forget

Shireen Abu Akleh,

correspondent for Al Jazeera Arabic

assassinated on May 11, 2022, Jenin Camp,

in the Occupied West Bank

Report of the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel

Case of Shireen Abu Akleh (Sections 39-47)

May 9, 2023

During law enforcement operations, lethal force is only permissible in self-defence or to protect the lives of others. In the case of Abu Akleh, the Commission concludes without doubt that Abu Akleh and the other journalists did not pose an imminent threat of death or serious injury to anyone and that there was no gunfire originating from Abu Akleh’s location or from near her. The Commission concludes on reasonable grounds that the Israeli security forces used lethal force without justification under international human rights law and intentionally or recklessly violated the right to life of Shireen Abu Akleh.

In an occupation, the wilful killing of a protected person constitutes a grave breach of article 147 of the Fourth Geneva Convention and is a war crime. Abu Akleh and other journalists, who were clearly identifiable as journalists, were protected persons. Furthermore, under the doctrine of command responsibility, a military commander may be held criminally responsible for crimes committed by subordinates under his effective command and control, where the commander knew or should have known that the subordinates were committing crimes and he failed to prevent the commission of the crimes or to submit the matter to the competent authorities for investigation and prosecution. (Rome Statute, art. 28 (a))

UN - The Question of Palestine (May 2023)