Ref: 58/2007

Date: 15 July 2007

Time: 11:30 GMT

PCHR Condemns Deliberate Targeting of Journalist by IOF

Based on its investigation of the IOF action in al-Baoreij refugee camp on 5 July 2007, PCHR has concluded that a journalist working for Al Aqsa Television was deliberately targeted by IOF.  Emad Ghanem, a camerman for al-Aqsa Television, was shot three times by IOF and as a result of his wounds both of his legs were amputated.  Journalists are entitled to the same protections as civilians under international humanitarian law (IHL); thus, the deliberate targeting of journalists fails to discriminate between military objectives and civilians as required by IHL and established in the Fourth Geneva Convention.[1] 

PCHR Investigation:

According to an investigation conducted by PCHR, at approximately 02:30 on Thursday, 5 July 2007, and IOF infantry unit moved nearly 1,000 meters into al-Boreij refugee camp in the central Gaza Strip.  IOF raided nearby homes, used them as bases for operations, and eventually received air and ground reinforcements.  Clashes with resistance fighters ensued and continued throughout the morning.

At approximately 08:00 Emad Ghanem, a 21 year old resident of al-Baoreij refugee camp and al-Aqsa Television cameraman, left his home to cover the clashes.  According to Ghanem, in his haste he failed to dress in the clothing that normally identifies him as a journalist. 

At approximately 11:00 an Israeli tank shell was fired, killing or wounding a number of fighters and civilians.  Ghanem rushed to report what had happened and film the injured and dead being evacuated.  While attempting to film the scene, Ghanem was struck in his right leg.  He fell to the ground, his camera falling next to him. 

According to Ghanem and other witnesses, soon after Ghanem was hit, Israeli tanks, which had been about 70 meters away, advanced and began shooting intensely at the area where he lay

wounded.  All those trying to reach Ghanem, including other members of the press (Turkish Press Agency, Al Menar and Al Aribya), were forced to take cover and were unable to reach him. 

The Israeli tanks eventually halted their advance, stopping within 30 meters of Ghanem.  Approximately 5-10 minutes after first being hit, the Israelis fired twice more at Ghanem, striking him in the left leg and again in his right leg.  Those in the vicinity including press colleagues and nearby residents tried again to reach him, but as before, they were prevented from doing so by Israeli fire.  Not until 15-20 minutes later, when the firing ceased and the Israeli tanks finally withdrew, were those nearby were able to reach Ghanem and carry him to safety. 

Ghanem arrived at Shifa Hospital in Gaza City with life-threatening wounds and was rushed into surgery.   As a result of his severe injuries, doctors were forced to amputate his legs; Ghanem’s right leg was amputated above the knee and his left leg below the knee.  He was then moved into intensive care where he remained in critical condition for a number of days and is now in recovery at Shifa Hospital.

For video of the incident please click here:  (Size 9MB)

Conclusions:

The distinction between legitimate military objectives and civilians is fundamental to IHL and is the foundation of civilian protection.[2]  Journalists in areas of armed conflict are considered civilians under IHL, and are thus protected from direct, indiscriminate, and disproportionate attacks.[3]

PCHR’s initial investigation leads it to conclude that the Israeli military targeted Ghanem despite clear indications that he was a journalist, in violation of IHL.  Ghanem was carrying a large video camera when he was initially hit, which should have alerted Israeli forces to the fact that he was a journalist and not a belligerent.  Perhaps most disturbing though is that once he was injured, lying on the ground with his camera next to him, Ghanem was struck twice more.  Video footage from that day obtained by PCHR clearly indicates that Ghanem was not hit by stray or aimlessly fired rounds.  Instead, the footage shows that Ghanem was directly targeted, hit most likely by sniper fire while he lay wounded and incapacitated on the ground, his camera at his side.

Al Aqsa journalists, as is customary for journalists in conflict zones, generally wear clothing that makes them clearly identifiable to hostile forces.  That Ghanem failed to wear such clothing perhaps increased his risk of sustaining injury during the fighting.  However, regardless of whether Ghanem was wearing such identifying clothing, he is still entitled to the protections afforded journalists and indeed all civilians under IHL. 

The Israeli military’s response to the shooting of Ghanem is deeply troubling.  Maj. Avital Leibowitch, Israeli army spokeswoman, stated that Ghanem was a legitimate target because he was with the Hamas gunmen firing at Israeli forces, was separated from other journalists covering the clashes, and could have been carrying a weapon.[4]  And an Israeli military official told the New York Times that al-Aqsa cameramen should not be considered bona fide journalists and suggested that they are legitimate military targets because they are “Hamas operatives in every respect.”[5]

 A cameraman working for al-Aqsa is just as much a journalist as a cameraman working for any other news organization, and as such he is entitled to all those protections afforded civilians under international law.  Thus, contrary to the assertions of the Israeli military, Ghanem was a journalist, protected under IHL, and therefore not a legitimate military target.  Moreover, even if one accepts IOF’s argument, Ghanem’s affiliation was only discovered after he was shot.  When Ghanem was targeted, IOF could only have known that he was an unarmed cameraman, and as such should have been immune from attack.  The IOF’s response not only fails to refute the claim that its forces deliberately targeted an unarmed journalist, but in fact strengthens such a charge.

The Israeli military’s response evinces a disturbing disregard for the protection of journalists and represents an attempt to strip IHL protection from certain members of the press for politically motivated reasons.  Journalists cannot be arbitrarily and unilaterally characterized in such way that converts them into legitimate military targets when it suits the needs of armed forces and military commanders.  Such subjective determinations would undoubtedly lead to a serious undermining if not a total vitiation of the protection of journalists as civilians under IHL.  

This incident is but the latest in a long history of IOF targeting of journalists.  PCHR has documented hundreds of incidents of IOF attacks against international and Palestinian journalists since the beginning of the second intifada.  PCHR reiterates its concern that these attacks on journalists reflect a policy of preventing media coverage of IOF violations of international human rights and humanitarian law in the OPT.

PCHR is deeply concerned by this most recent deliberate targeting of a journalist and;

1.      Calls for an impartial investigation into the IOF actions that led to the serious wounding of journalist Emad Ghanem;

2.      Emphasizes that PCHR has documented hundreds of cases of attacks on journalists and media institutions since the beginning of the second intifada, including verbal abuse and humiliation, arbitrary arrest and detention, interrogations, damage to media equipment, beatings, and shootings;

3.      Condemns the IOF’s targeting of journalists as a tactic that seeks to silence the press and obstruct media coverage and reporting of IOF violations of international law in the OPT;

Urges intervention by the international community to ensure Israel respects the protections afforded to all civilians and journalists under international law.