The recent decision by the United States Department of Justice to open an investigation into the killing last May of Palestinian-American journalist Shireen Abu Akleh is not a game-changer but important and worthy of reflection, nonetheless.
Based on the long trajectory of US military and political support of Israel, and Washington’s constant shielding of Tel Aviv from any accountability for its illegal occupation of Palestine, one can confidently conclude that there will not be any actual investigation.
A real investigation into the killing of Abu Akleh could open up a Pandora’s box of other findings pertaining to Israel’s many other illegal practices and violations of international – and even US – law. For example, the US investigators would have to look into the Israeli use of US-supplied weapons and munitions, which are used daily to suppress Palestinian protests, confiscate Palestinian land, impose military sieges on civilian areas and so on. The US Leahy Law specifically prohibits “the US Government from using funds for assistance to units of foreign security forces where there is credible information implicating that unit in the commission of gross violations of human rights.”
Moreover, an investigation would also mean accountability if it concludes that Abu Akleh, a US citizen, was deliberately killed by an Israeli soldier, as several human rights groups have already concluded.
That, too, is implausible. In fact, one of the main pillars that define US-Israeli relationship is that the former serves the role of the protector of the latter at the international stage. Every Palestinian, Arab or international attempt at investigating Israeli crimes has decisively failed simply because Washington systematically blocked every potential investigation under the pretense that Israel is capable of investigating itself, alleging at times that any attempt to hold Israel accountable is a witch hunt that is tantamount to antisemitism.
According to Axios, this was the gist of the official Israeli response to the US decision to open an investigation into the murder of the Palestinian journalist. “Our soldiers will not be investigated by the FBI or by any other foreign country or entity,” outgoing Israeli Prime Minister Yair Lapid said, adding: “We will not abandon our soldiers to foreign investigations.”
Though Lapid’s is the typical Israeli response, it is quite interesting – if not shocking – to see it used in a context involving an American investigation. Historically, such language was reserved for investigations by the United Nations Human Rights Council, and by international law judges, the likes of Richard Falk, Richard Goldstone and Michael Lynk. Time and again, such investigations were conducted or blocked without any Israeli cooperation and under intense American pressure.
In 2003, the scope of Israeli intransigence and US blind support of Israel reached the point of pressuring the Belgian government to rewrite its own domestic laws to dismiss a war crimes case against late Israeli Prime Minister, Ariel Sharon.
Moreover, despite relentless efforts by many US-based rights groups to investigate the murder of an American activist, Rachel Corrie, the US refused to even consider the case, relying instead on Israel’s own courts, which exonerated the Israeli soldier who drove a bulldozer over the body of 23-year-old Corrie in 2003, for simply urging him not to demolish a Palestinian home in Gaza.
Worse still, in 2020, the US government went as far as sanctioning International Criminal Court (ICC) Prosecutor Fatou Bensouda and other senior prosecution officials who were involved in the investigation of alleged US and Israeli war crimes in Afghanistan and Palestine.
All of this in mind, one must then ask questions regarding the timing and the motives of the US investigation.
Axios revealed that the decision to investigate the killing of Abu Akleh was “made before the November 1 elections in Israel, but the Justice Department officially notified the Israeli government three days after the elections.” In fact, the news was only revealed to the media on November 14, following both Israel and US elections on November 1 and 7, respectively.
Officials in Washington were keen on communicating the point that the decision was not political, and neither was it linked to avoiding angering the pro-Israeli lobby in Washington days before the US elections nor to influencing the outcomes of Israel’s own elections. If that is the case, then why did the US wait until November 14 to leak the news? The delay suggests serious backdoor politics and massive Israeli pressure to dissuade the US from making the announcement public, thus making it impossible to reverse the decision.
Knowing that a serious investigation will most likely not take place, the US decision must have been reasoned in advance to be a merely political one. Maybe symbolic and ultimately inconsequential, the unprecedented and determined US decision was predicated on solid reasoning:
First, US President Joe Biden had a difficult experience managing the political shenanigans of then-Israeli Prime Minister Benjamin Netanyahu during his time as vice president in the Obama Administration (2009-2017). Now that Netanyahu is poised to return to the helm of Israeli politics, the Biden Administration is in urgent need of political leverage over Tel Aviv, with the hope of controlling the extremist tendencies of the Israeli leader and his government.
Second, the failure of the Republican so-called ‘Red Wave’ from marginalizing Democrats as a sizable political and legislative force in the US Congress has further emboldened the Biden Administration to finally reveal the news about the investigation – that is if we are to believe that the decision was indeed made in advance.
Third, the strong showing of Palestinian and pro-Palestinian candidates in the US Mid-term Elections – in both national and state legislative elections – further bolsters the progressive agenda within the Democratic Party. Even a symbolic decision to investigate the killing of a US citizen represents a watershed moment in the relationship between the Democratic Party establishment and its more progressive grassroots constituencies. In fact, re-elected Palestinian Congresswoman Rashida Tlaib was very quick to respond to the news of the investigation, describing it as “the first step towards real accountability”.
Though the US investigation of Abu Akleh’s murder is unlikely to result in any kind of justice, it is a very important moment in US-Israeli and US-Palestinian relationships. It simply means that, despite the entrenched and blind US support for Israel, there are margins in US policy that can still be exploited, if not to reverse US backing of Israel, at least to weaken the supposedly ‘unbreakable bond’ between the two countries.