Category: Law

Democracy Now!

NERMEEN SHAIKH: We begin today’s show looking at Israel’s ongoing targeting of Palestinian journalists. A recent report by the Costs of War Project at Brown University described the war in Gaza as the “worst ever conflict for reporters” in history.

By one count, Israel has killed 214 Palestinian journalists in Gaza over the past 18 months, including two journalists killed on Wednesday — Yahya Subaih and Nour El-Din Abdo. Yahya Subaih died just hours after his wife gave birth to their first child.

Meanwhile, new details have emerged about the killing of Shireen Abu Akleh, the renowned Palestinian American Al Jazeera journalist who was fatally shot by an Israeli soldier three years ago on 11 May 2022.

She was killed while covering an Israeli army assault on the Jenin refugee camp in the West Bank. Shireen and another reporter were against a stone wall, wearing blue helmets and blue flak jackets clearly emblazoned with the word “Press”.

Shireen was shot in the head. She was known throughout the Arab world for her decades of tireless reporting on Palestine.

AMY GOODMAN: Israel initially claimed she had been shot by Palestinian militants, but later acknowledged she was most likely shot by an Israeli soldier. But Israel has never identified the soldier who fired the fatal shot, or allowed the soldier to be questioned by US investigators.

But a new documentary just released by Zeteo has identified and named the Israeli soldier for the first time. This is the trailer to the documentary Who Killed Shireen?

DION NISSENBAUM: That soldier looked down his scope and could see the blue vest and that it said “press.”

ISRAELI SOLDIER: That’s what I think, yes.

SEN. CHRIS VAN HOLLEN: US personnel have never had access to those who are believed to have committed those shootings.

DION NISSENBAUM: No one has been held to account. Justice has not been served.

FATIMA ABDULKARIM: She is the first American Palestinian journalist who has been killed by Israeli forces.

DION NISSENBAUM: I want to know: Who killed Shireen?

CONOR POWELL: Are we going to find the shooter?

DION NISSENBAUM: He’s got a phone call set up with this Israeli soldier that was there that day.

CONOR POWELL: We just have to go over to Israel.

DION NISSENBAUM: Did you ever talk to the guy who fired those shots?

ISRAELI SOLDIER: Of course. I know him personally. The US should have actually come forward and actually pressed the fact that an American citizen was killed intentionally by IDF.

FATIMA ABDULKARIM: The drones are still ongoing, the explosions going off.

CONOR POWELL: Holy [bleep]! We’ve got a name.

DION NISSENBAUM: But here’s the twist.

NERMEEN SHAIKH: The trailer for the new Zeteo documentary Who Killed Shireen? The film identifies the Israeli soldier who allegedly killed Shireen Abu Akleh as Alon Scagio, who would later be killed during an Israeli military operation last June in Jenin, the same city where Shireen was fatally shot.

AMY GOODMAN: We’re joined right now by four guests, including two members of Shireen Abu Akleh’s family: her brother Anton, or Tony, and her niece Lina. They’re both in North Bergen, New Jersey. We’re also joined by Mehdi Hasan, the founder and editor-in-chief of Zeteo, and by Dion Nissenbaum, the executive producer of Who Killed Shireen?, the correspondent on the documentary, longtime Wall Street Journal foreign correspondent based in Jerusalem and other cities, a former foreign correspondent. He was twice nominated for a Pulitzer Prize.

We welcome you all to Democracy Now! Dion, we’re going to begin with you. This is the third anniversary, May 11th exactly, of the death of Shireen Abu Akleh. Talk about your revelation, what you exposed in this documentary.

DION NISSENBAUM: Well, there were two things that were very important for the documentary. The first thing was we wanted to find the soldier who killed Shireen. It had been one of the most closely guarded secrets in Israel. US officials said that if they wanted to determine if there was a crime here, if there was a human rights violation, they needed to talk to this soldier to find out what he was thinking when he shot her.

And we set out to find him. And we did. We did what the US government never did. And it turned out he had been killed, so we were never able to answer that question — what he was thinking.

But the other revelation that I think is as significant in this documentary is that the initial US assessment of her shooting was that that soldier intentionally shot her and that he could tell that she was wearing a blue flak jacket with “Press” across it.

That assessment was essentially overruled by the Biden administration, which came out and said exactly the opposite. That’s a fairly startling revelation, that the Biden administration and the Israeli government essentially were doing everything they could to cover up what happened that day to Shireen Abu Akleh.

NERMEEN SHAIKH: Well, let’s go to a clip from the documentary Who Killed Shireen?, in which Dion Nissenbaum, our guest, speaks with former State Department official Andrew Miller. He was Deputy Assistant Secretary of State for Israeli-Palestinian Affairs in 2022 when Shireen was killed.

ANDREW MILLER: It’s nearly 100 percent certain that an Israeli soldier, likely a sniper, fired the shot that killed or the shots that killed Shireen Abu Akleh. Based on all the information we have, it is not credible to suggest that there were targets either in front of or behind Shireen Abu Akleh.

The fact that the official Israeli position remains that this was a case of crossfire, the entire episode was a mistake, as opposed to potentially a mistaken identification or the deliberate targeting of this individual, points to, I think, a broader policy of seeking to manage the narrative.

DION NISSENBAUM: And did the Israelis ever make the soldier available to the US to talk about it?

ANDREW MILLER: No. And the Israelis were not willing to present the person for even informal questioning.

NERMEEN SHAIKH: That was State Department official — former State Department official Andrew Miller, speaking in the Zeteo documentary Who Killed Shireen? He was Deputy Assistant Secretary of State for Israeli-Palestinian Affairs in 2022 when Shireen was killed.

I want to go to Shireen’s family, whom we have as guests, Anton Abu Akleh and Lina, who are joining us from New Jersey. You both watched the film for the first time last night when it premiered here in New York City. Lina, if you could begin by responding to the revelations in the film?

LINA ABU AKLEH: Hi, Amy. Hi. Thank you for having us.

Honestly, we always welcome and we appreciate journalists who try to uncover the killing of Shireen, but also who shed light on her legacy. And the documentary that was released by Zeteo and by Dion, it really revealed findings that we didn’t know before, but we’ve always known that it was an Israeli soldier who killed Shireen. And we know how the US administration failed our family, failed a US citizen and failed a journalist, really.

And that should be a scandal in and of itself.

But most importantly, for us as a family, it’s not just about one soldier. It’s about the entire chain of command. It’s not just the person who pulled the trigger, but who ordered the killing, and the military commanders, the elected officials.

So, really, it’s the entire chain of command that needs to be held to account for the killing of a journalist who was in a clear press vest, press gear, marked as a journalist.

NERMEEN SHAIKH: And, Anton, if you could respond? Shireen, of course, was your younger sister. What was your response watching the documentary last night?

ANTON ABU AKLEH: It’s very painful to look at all these scenes again, but I really extend my appreciation to Zeteo and all those who supported and worked on this documentary, which was very revealing, many things we didn’t know. The cover-up by the Biden administration, this thing was new to us.

He promised. First statements came out from the White House and from the State Department stressed on the importance of holding those responsible accountable. And apparently, in one of the interviews heard in this documentary, he never raised — President Biden never raised this issue with Bennett, at that time the prime minister.

So, that’s shocking to us to know it was a total cover-up, contradictory to what they promised us. And that’s — like Lina just said, it’s a betrayal, not only to the family, not only to Shireen, but the whole American nation.

AMY GOODMAN: Mehdi Hasan, you’ve backed this documentary. It’s the first big documentary Zeteo is putting out. It’s also the first anniversary of the founding of Zeteo. Can you talk about the proof that you feel is here in the documentary that Alon Scagio, this — and explain who he is and the unit he was a part of? Dion, it’s quite something when you go to his grave. But how you can absolutely be sure this is the man?

MEHDI HASAN: So, Amy, Nermeen, thanks for having us here. I’ve been on this show many times. I just want to say, great to be here on set with both of you. Thank you for what you do.

This is actually our second documentary, but it is our biggest so far, because the revelations in this film that Dion and the team put out are huge in many ways — identifying the soldier, as you mentioned, Alon Scagio, identifying the Biden cover-up, which we just heard Tony Abu Akleh point out. People didn’t realise just how big that cover-up was.

Remember, Joe Biden was the man who said, “If you harm an American, we will respond.” And what is very clear in the case of Shireen Abu Akleh, an American citizen who spent a lot of her life in New Jersey, they did not respond.

In terms of the soldier itself, when Dion came to me and said, “We want to make this film. It’ll be almost like a true crime documentary. We’re going to go out and find out who did it” — because we all — everyone followed the story. You guys covered it in 2022. It was a huge story in the world.

But three years later, to not even know the name of the shooter — and I was, “Well, will we be able to find this out? It’s one of Israel’s most closely guarded secrets.” And yet, Dion and his team were able to do the reporting that got inside of Duvdevan, this elite special forces unit in Israel.

It literally means “the cherry on top.” That’s how proud they are of their eliteness. And yet, no matter how elite you are, Israel’s way of fighting wars means you kill innocent people.

And what comes out in the film from interviews, not just with a soldier, an Israeli soldier, who speaks in the film and talks about how, “Hey, if you see a camera, you take the shot,” but also speaking to Chris Van Hollen, United States Senator from Maryland, who’s been one of the few Democratic voices critical of Biden in the Senate, who says there’s been no change in Israel’s rules of engagement over the years.

And therefore, it was so important on multiple levels to do this film, to identify the shooter, because, of course, as you pointed out in your news headlines, Amy, they just killed a hundred Palestinians yesterday.

So this is not some old story from history where this happened in 2022 and we’re going back. Everything that happened since, you could argue, flows from that — the Americans who have been killed, the journalists who have been killed in Gaza, Palestinians, the sense of impunity that Israel has and Israel’s soldiers have.

There are reports that Israeli soldiers are saying to Palestinians, “Hey, Trump has our back. Hey, the US government has our back.” And it wasn’t just Trump. It was Joe Biden, too.

And that was why it was so important to make this film, to identify the shooter, to call out Israel’s practices when it comes to journalists, and to call out the US role.

AMY GOODMAN: I  just want to go to Dion, for people who aren’t familiar with the progression of what the Biden administration said, the serious cover-up not only by Israel, but of its main military weapons supplier and supporter of its war on Gaza, and that is Joe Biden, from the beginning.

First Israel said it was a Palestinian militant. At that point, what did President Biden say?

DION NISSENBAUM: So, at the very beginning, they said that they wanted the shooter to be prosecuted. They used that word at the State Department and said, “This person who killed an American journalist should be prosecuted.” But when it started to become clear that it was probably an Israeli soldier, their tone shifted, and it became talking about vague calls for accountability or changes to the rules of engagement, which never actually happened.

So, you got to a point where the Israeli government admitted it was likely them, the US government called for them to change the rules of engagement, and the Israeli government said no. And we have this interview in the film with Senator Chris Van Hollen, who says that, essentially, Israel was giving the middle finger to the US government on this.

And we have seen, since that time, more Americans being killed in the West Bank, dozens and dozens and dozens of journalists being killed, with no accountability. And we would like to see that change.

This is a trajectory that you’re seeing. You know, the blue vest no longer provides any protection for journalists in Israel. The Israeli military itself has said that wearing a blue vest with “Press” on it does not necessarily mean that you are a journalist.

They are saying that terrorists wear blue vests, too. So, if you are a journalist operating in the West Bank now, you have to assume that the Israeli military could target you.

NERMEEN SHAIKH: Well, let’s go to another clip from the film Who Killed Shireen?, which features Ali Samoudi, Shireen Abu Akleh’s producer, who was with Shireen when she was killed, and was himself shot and injured. In the clip, he speaks to the journalist Fatima AbdulKarim.

FATIMA ABDULKARIM: We are set up here now, even though we were supposed to meet at the location where you got injured and Shireen got killed.

ALI SAMOUDI: [translated] We are five minutes from the location in Maidan al-Awdah. But you could lose your soul in the five minutes it would take us to reach it. You could be hit by army bullets. They could arrest you.

So it is essentially impossible to get there. I believe the big disaster which prevented the occupation from being punished and repeating these crimes is the neglect and indifference by many of the institutions, especially American ones, which continue to defend the occupation.

FATIMA ABDULKARIM: [translated] We’re now approaching the third anniversary of Shireen’s death. How did that affect you?

ALI SAMOUDI: [translated] During that period, the occupation was making preparations for a dangerous scenario in the Jenin refugee camp. And for this reason, they didn’t want witnesses.

They opened fire on us in order to terroriSe us enough that we wouldn’t go back to the camp. And in that sense, they partially succeeded.

Since then, we have been overcome by fear. From the moment Shireen was killed, I said and continue to say and will continue to say that this bullet was meant to prevent the Palestinian media from the documentation and exposure of the occupation’s crimes.

NERMEEN SHAIKH: That was Ali Samoudi, Shireen Abu Akleh’s producer, who was with Shireen when she was killed, and was himself shot and injured.

We should note, Ali Samoudi was just detained by Israeli forces in late April. The Palestinian journalist Mariam Barghouti recently wrote, “Ali Samoudi was beaten so bad by Israeli soldiers he was immediately hospitalised. This man has been one of the few journalists that continues reporting on Israeli military abuses north of the West Bank despite the continued risk on his life,” Mariam Barghouti wrote.

The Committee to Protect Journalists spoke to the journalist’s son, Mohammed Al Samoudi, who told CPJ, quote, “My father suffers from several illnesses, including diabetes, high blood pressure, and a stomach ulcer . . .  He needs a diabetes injection every two days and a specific diet. It appears he was subjected to assault and medical neglect at the interrogation center . . .

“Our lawyer told us he was transferred to an Israeli hospital after a major setback in his health. We don’t know where he is being held, interrogated, or even the hospital to which he was taken. My father has been forcibly disappeared,” he said.

So, Dion Nissenbaum, if you could give us the latest? You spoke to Ali Samoudi for the documentary, and now he’s been detained.

DION NISSENBAUM: Yeah. His words were prophetic, right? He talks about this was an attempt to silence journalists. And my colleague Fatima says the same thing, that these are ongoing, progressive efforts to silence Palestinian journalists.

And we don’t know where Ali is. He has not actually been charged with anything yet. He is one of the most respected journalists in the West Bank. And we are just seeing this progression going on.

AMY GOODMAN: So, the latest we know is he was supposed to have a hearing, and that hearing has now been delayed to May 13th, Ali Samoudi?

DION NISSENBAUM: That’s right. And he has yet to be charged, so . . .

AMY GOODMAN: I want to go back to Lina Abu Akleh, who’s in New Jersey, where Shireen grew up. Lina, you were listed on Time magazine’s 100 emerging leaders for publicly demanding scrutiny of Israel’s treatment of Palestinians, the horror.

And again, our condolences on the death of your aunt, on the killing of your aunt, and also to Anton, Shireen’s brother. Lina, you’ve also, of course, spoken to Ali Samoudi. This continues now. He’s in detention — his son says, “just disappeared”.

What are you demanding right now? We have a new administration. We’ve moved from the Biden administration to the Trump administration. And are you in touch with them? Are they speaking to you?

LINA ABU AKLEH: Well, our demands haven’t changed. From day one, we’re calling for the US administration to complete its investigation, or for the FBI to continue its investigation, and to finally release — to finally hold someone to account.

And we have enough evidence that could have been — that the administration could have used to expedite this case. But, unfortunately, this new administration, as well, no one has spoken to us. We haven’t been in touch with anyone, and it’s just been radio silence since.

For us, as I said, our demands have never changed. It’s been always to hold the entire system to account, the entire chain of command, the military, for the killing of an American citizen, a journalist, a Palestinian, Palestinian American journalist.

As we’ve been talking, targeting journalists isn’t happening just by shooting at them or killing them. There’s so many different forms of targeting journalists, especially in Gaza and the West Bank and Jerusalem.

So, for us, it’s really important as a family that we don’t see other families experience what we are going through, for this — for impunity, for Israel’s impunity, to end, because, at the end of the day, accountability is the only way to put an end to this impunity.

AMY GOODMAN: I am horrified to ask this question to Shireen’s family members, to Lina, to Tony, Shireen’s brother, but the revelation in the film — we were all there last night at its premiere in New York — that the Israeli soldiers are using a photograph of Shireen’s face for target practice. Tony Abu Akleh, if you could respond?

ANTON ABU AKLEH: You know, there is no words to describe our sorrow and pain hearing this. But, you know, I would just want to know why. Why would they do this thing? What did Shireen do to them for them to use her as a target practice? You know, this is absolutely barbaric act, unjustified. Unjustified.

And we really hope that this US administration will be able to put an end to all this impunity they are enjoying. If they didn’t enjoy all this impunity, they wouldn’t have been doing this. Practising on a journalist? Why? You know, you can practice on anything, but on a journalist?

This shows that this targeting of more journalists, whether in Gaza, in Palestine, it’s systematic. It’s been planned for. And they’ve been targeting and shutting off those voices, those reports, from reaching anywhere in the world.

NERMEEN SHAIKH: And, Anton, if you could say — you know, you mentioned last night, as well, Shireen was, in fact, extremely cautious as a journalist. If you could elaborate on that? What precisely —

ANTON ABU AKLEH: Absolutely. Absolutely. Shireen was very careful. Every time she’s in the field, she would take her time to put on the gear, the required helmet, the vest with “press” written on it, before going there. She also tried to identify herself as a journalist, whether to the Israelis or to the Palestinians, so she’s not attacked.

And she always went by the book, followed the rules, how to act, how to be careful, how to speak to those people involved, so she can protect herself. But, unfortunately, he was — this soldier, as stated in the documentary, targeted Shireen just because she’s Shireen and she’s a journalist. That’s it. There is no other explanation.

Sixteen bullets were fired on Shireen. Not even her helmet, nor the vest she was wearing, were able to protect her, unfortunately.

NERMEEN SHAIKH: Mehdi Hasan, you wanted to respond.

MEHDI HASAN: So, Tony asks, “Why? Why would you do this? Why would you target not just a journalist in the field, but then use her face for target practice?” — as Dion and his team reveal in the film. And there is, unfortunately, a very simple answer to that question, which is that the Israeli military — and not just the Israeli military, but many people in our world today — have dehumanised Palestinians.

There is the removal of humanity from the people you are oppressing, occupying, subjugating and killing. It doesn’t matter if you’re an American citizen. It doesn’t matter if you have a press jacket on. It only matters that you are Palestinian in the sniper’s sights.

And that is how they have managed to pull of the killing of so many journalists, so many children. The first documentary we commissioned last year was called Israel’s Real Extremism, and it was about the Israeli soldiers who go into Gaza and make TikTok videos wearing Palestinian women’s underwear, playing with Palestinian children’s toys. It is the ultimate form of dehumanisation, the idea that these people don’t count, their lives have no value.

And what’s so tragic and shocking — and the film exposes this — is that Joe Biden — forget the Israeli military — Joe Biden also joined in that dehumanisation. Do you remember at the start of this conflict when he comes out and he says, “Well, I’m not sure I believe the Palestinian death toll numbers,” when he puts out a statement at the hundred days after October 7th and doesn’t mention Palestinian casualties.

And that has been the fundamental problem. This was the great comforter-in-chief. Joe Biden was supposed to be the empath. And yet, as Tony points out, what was so shocking in the film is he didn’t even raise Shireen’s case with Naftali Bennett, the prime minister of Israel at the time.

Again, would he have done that if it was an American journalist in Moscow? We know that’s not the case. We know when American journalists, especially white American journalists, are taken elsewhere in the world, the government gives a damn. And yet, in the case of Shireen, the only explanation is because she was a Palestinian American journalist.

AMY GOODMAN: You know, in the United States, the US government is responsible for American citizens, which Biden pointed out at the beginning, when he thought it was a Palestinian militant who had killed her. But, Lina, you yourself are a journalist. And I’m thinking I want to hear your response to using her face, because, of course, that is not just the face of Shireen, but I think it’s the face of journalism.

And it’s not just American journalism, of course. I mean, in fact, she’s known to hundreds of millions of people around world as the face and voice of Al Jazeera Arabic. She spoke in Arabic. She was known as that to the rest of the world. But to see that and that revealed in this documentary?

LINA ABU AKLEH: Yeah, it was horrifying, actually. And it just goes on to show how the Israeli military is built. It’s barbarism. It’s the character of revenge, of hate. And that is part of the entire system. And as Mehdi and as my father just mentioned, this is all about dehumanizing Palestinians, regardless if they’re journalists, if they’re doctors, they’re officials. For them, they simply don’t care about Palestinian lives.

And for us, Shireen will always be the voice of Palestine. And she continues to be remembered for the legacy that she left behind. And she continues to live through so many, so many journalists, who have picked up the microphone, who have picked up the camera, just because of Shireen.

So, regardless of how the Israeli military continues to dehumanise journalists and how the US fails to protect Palestinian American journalists, we will continue to push forward to continue to highlight the life and the legacy that Shireen left behind.

NERMEEN SHAIKH: Well, let’s turn to Shireen Abu Akleh in her own words. This is an excerpt from the Al Jazeera English documentary The Killing of Shireen Abu Akleh.

SHIREEN ABU AKLEH: [translated] Sometimes the Israeli army doesn’t want you there, so they target you, even if they later say it was an accident. They might say, “We saw some young men around you.” So they target you on purpose, as a way of scaring you off because they don’t want you there.

NERMEEN SHAIKH: So, that was Shireen in her own words in an Al Jazeera documentary. So, Lina, I know you have to go soon, but if you could just tell us: What do you want people to know about Shireen, as an aunt, a sister and a journalist?

LINA ABU AKLEH: Yes, so, we know Shireen as the journalist, but behind the camera, she was one of the most empathetic people. She was very sincere. And something not a lot of people know, but she was a very funny person. She had a very unique sense of humor, that she lit up every room she entered. She cared about everyone and anyone. She enjoyed life.

Shireen, at the end of the day, loved life. She had plans. She had dreams that she still wanted to achieve. But her life was cut short by that small bullet, which would change our lives entirely.

But at the end of the day, Shireen was a professional journalist who always advocated for truth, for justice. And at the end of the day, all she wanted to do was humanise Palestinians and talk about the struggles of living under occupation. But at the same time, she wanted to celebrate their achievements.

She shed light on all the happy moments, all the accomplishments of the Palestinian people. And this is something that really touched millions of Palestinians, of Arabs around the world. She was able to enter the hearts of the people through the small camera lens. And until this day, she continues to be remembered for that.

AMY GOODMAN: Before we go, we’re going to keep you on, Mehdi, to talk about other issues during the Trump administration, but how can people access Who Killed Shireen?

MEHDI HASAN: So, it’s available online at WhoKilledShireen.com, is where you can go to watch it. We are releasing the film right now only to paid subscribers. We hope to change that in the forthcoming days.

People often say to me, “How can you put it behind a paywall?” Journalism — a free press isn’t free, sadly. We have to fund films like this. Dion came to us because a lot of other people didn’t want to fund a topic like this, didn’t want to fund an investigation like this.

So, we’re proud to be able to fund such documentaries, but we also need support from our contributors, our subscribers and the viewers. But it’s an important film, and I hope as many people will watch it as possible, WhoKilledShireen.com.

AMY GOODMAN: We want to thank Lina, the niece of Shireen Abu Akleh, and Anton, Tony, the older brother of Shireen Abu Akleh, for joining us from New Jersey. Together, we saw the documentary last night, Who Killed Shireen? And we want to thank Dion Nissenbaum, who is the filmmaker, the correspondent on this film, formerly a correspondent with The Wall Street Journal. The founder of Zeteo, on this first anniversary of Zeteo, is Mehdi Hasan.

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