UK/Israel: Neither accountability nor justice for murdered Britons
01 March 2006
The families of two Britons killed by the Israeli Defence Force (IDF) in the Gaza Strip have called on the Attorney General to bring those responsible for their deaths to justice. James Miller was killed in May 2003 whilst filming a documentary about the lives of Palestinian children caught up in the conflict with Israel. An Israeli soldier he was asking whether it was safe to leave the area shot him in the neck. On April 6 2006, an inquest jury found that he had been murdered. And four days later an inquest found that peace activist and photographer Tom Hurndall had been "intentionally killed" whilst shepherding children to safety (see Statewatch Vol. 15 no 2).
Both inquests have revealed a state of unaccountability in which attention is systematically deflected away from the IDF and no thorough investigations into the conduct of soldiers are held. Speaking days before the inquest returned its verdict, Mrs Miller said that it has been left to James' relatives to investigate and produce evidence in the hope of achieving any sort of justice. Further, she says the Israeli authorities gave them the distinct impression that "they would like us to leave and not continue with it", and that "they were hoping to grind us down in the hope that we would not carry on". The inquest heard both how the Israeli authorities blocked British attempts to investigate the killing, and subsequently covered-up the details of events on the night of his death. The Israeli military initially argued that they had reacted to heavy fire from Palestinian gunmen, a claim shown to be false by another film crew who recorded the incident. A statement was also issued claiming Miller had been shot in the back, potentially by a Palestinian gunman, despite his autopsy clearly stating he had been hit in the neck. According to The Independent newspaper Mrs Miller was also offered £200,000 in "blood money" to settle the case before the inquest, which she rejected.
Although Hurndall's killer, Sergeant Wahid Taysir, was convicted of manslaughter and obstruction of justice and jailed for eight years, his family argue that responsibility lies with the chain of command that created an environment in which civilians are "fair game". Taysir, the first Israeli soldier to be convicted of manslaughter in a combat zone, claims he has been used as a scapegoat because he is a Bedouin Arab. Hurndall's father agrees: "Taysir was doing what his superiors told him to do, that is why he is so angry." Instead he is focused on bringing the five Israeli officers named during the inquest to account. "Jack Straw has been spineless but I believe the Government will eventually have no choice...They are obligated under the Geneva Convention to bring these men to justice and if they do not, then I will".
Mrs Miller similarly expects the government to take action: "when an innocent man is killed in cold blood there should be accountability. If the Israelis can't provide that then the onus is on our Government to do that." To this end on 5 May both families met the Attorney General, Lord Goldsmith, to discuss their cases. Afterwards he confirmed that he was considering initiating extradition procedures against the soldier named during the inquest as being responsible for Miller's death. He said afterwards: "I have assured them I will give this my personal consideration and that will be a consideration unaffected by political considerations."
Evening Standard 3.4.06, 13.4.06; The Observer 9.4.06; The Independent 15.4.06; BBC News Website 27.4.06