Reuters
Friday, Aug 29, 2008
An Israeli tank crew who killed a Reuters cameraman and eight young bystanders in the Gaza Strip four months ago acted properly and will not face legal action, Israel’s senior military lawyer has concluded.
The military advocate-general told the international news agency in a letter sent on Tuesday that troops could not see whether Fadel Shana was operating a camera or a weapon but were nonetheless justified in firing a shell packed with darts that killed him and eight other Palestinians aged between 12 and 20.
Reuters said on Wednesday it was deeply disturbed by a conclusion that severely curtails the freedom of the media to cover the conflict by effectively giving soldiers a free hand to kill without being sure they were not firing on journalists.
(Article continues below)
Shana, 24, filmed two tanks positioned about 1.5 km (a mile) from where he was standing for several minutes before, in a chilling final 2 seconds of video, his camera captured one tank firing a shell that burst overhead, showering the journalist and others with thousands of metal darts known as flechettes.
“The tank crew was unable to determine the nature of the object mounted on the tripod and positively identify it as an anti-tank missile, a mortar or a television camera,” Brigadier General Avihai Mendelblit of the Israel Defence Forces wrote.
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