Issam Abdallah: Submission filed with UN Independent International Commission of Inquiry regarding killing of Lebanese journalist

Tuesday 23 July 2024: The family of Lebanese journalist, Issam Abdallah, who was killed on 13 October 2023 by Israeli tank fire whilst reporting from southern Lebanon have filed a submission and supporting information regarding the attack with the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel (“COI”). The submission is filed in response to the COI’s call for submissions on international crimes since 7 October 2023. 

The submission, filed by Tatyana Eatwell, Jennifer Robinson and Nikila Kaushik on behalf of Issam’s family, sets out the basis upon which there are strong grounds to conclude that Issam’s killing constitutes a war crime, and raises grave concerns regarding evidence of a long-running practice of the deliberate targeting of journalists by members of the Israeli armed forces, with impunity. 

The submission urges the COI to make recommendations to Israel to provide reparation to Issam’s family and to both Israel and Lebanon, in line with their obligations under international law, to conduct criminal investigations into the circumstances of Issam’s killing and to prosecute those responsible. In addition, the submission urges the COI to conduct its own inquiry into the circumstances of Issam’s killing, to give specific focus to crimes against journalists in its next report, and to call on the United Nations Interim Force in Lebanon (“UNIFIL”) to publish the report of its investigation into the incident.

Background

Issam Abdallah, a 37-year-old Reuters video journalist, was killed on 13 October 2023 whilst reporting from southern Lebanon, near Alma al-Shaab, approximately 1.2km from the Blue Line – the demarcation line that divides Lebanon from Israel and the Golan Heights. At the time he was killed, he was reporting together with six other journalists, Thaeir Al Sudani and Maher Nazeh (also Reuters), Dylan Collins and Christina Assi (Agence-France Presse (“AFP”)) and Carmen Joukhadar and Elie Brakhia (Al Jazeera). All were clearly identifiable as “PRESS”. 

The journalists were fired upon twice. The first tank shell killed Issam and seriously injured AFP correspondent Christina Assi who sustained life-altering injuries, and the second, fired 37 seconds later, directly struck and destroyed the Al Jazeera journalists’ vehicle.

Issam’s killing prompted widespread condemnation and alarm from specialist NGOs, including Reporters without Borders (“RSF”), the Committee to Protect Journalists (“CPJ”), Human Rights Watch, and Amnesty International, and calls for Issam’s killing to be investigated as a war crime.

To date, there has been no independent criminal investigation into Issam’s killing by the Israeli authorities or the Lebanese authorities. In response to Issam’s killing, IDF Spokesperson, Lieutenant Colonel Richard Hecht said, “we already have visuals. We’re doing cross examination. It’s a tragic thing”.[1] The IDF has not published any information about its inquiry, and has made no further comment on the incident. Over 9 months since Mr Abdallah was killed, the IDF has not confirmed the conclusion of its inquiry, or any findings.

An investigation by UNIFIL, deployed to monitor the ceasefire along the Blue Line, summarised in a report published by Reuters, has concluded that the source of the fire that killed Issam was an Israeli Merkava tank, that there was no exchange of fire across the Blue Line or in the area before the strike against the journalists, that the attack constituted a violation of UN Security Council Resolution 1701 (2006) and international law.

A number of civil society organisations, including RSF, Amnesty International, and Human Rights Watch, the Netherlands Organisation for Applied Scientific Research (“TNO”), asked by Reuters to analyse evidence from the incident, and the news organisation AFP have conducted separate investigations into the circumstances of Issam’s killing. These investigations have all concluded, based on their analysis of the available evidence, including video and audio content recorded immediately before and at the time of the strike, eye-witness evidence, and ballistics, that Issam was killed by tank rounds fired at the group of journalists by an Israeli tank positioned in Israel near the Blue Line.

Speaking today, Issam’s sister, Abeer Abdallah, said:

“My family and I have been devasted by my brother’s killing. There is no measure for our pain. Issam was passionate about his work, about the people he met and the stories he told.  He posed no threat to anyone, and yet, as the UNIFIL report confirms, he was fired on deliberately by the Israeli tank. The evidence is clear. There is no justification for it. And yet we are still waiting for justice for Issam, and for accountability. We will not rest until we achieve it.” 

Tatyana Eatwell and Jennifer Robinson, international counsel for the family, said:

“Issam’s killing is yet another devastating example of the deliberate targeting of journalists by members of the Israeli armed forces – and with impunity. The evidence in his case is clear, and supports the conclusion that his killing was unlawful, and constitutes a war crime. There is no basis upon which it may be concluded that Issam and his colleagues posed an imminent threat to the Israeli forces stationed across the border in the Merkava tank. In all circumstances, the attack against on Issam and his fellow journalists was wholly unjustified and unjustifiable.

Yet, in disregard for Issam, for his family and for their rights under international law, there has been no transparent, official investigation into his killing, and no accountability.  The Commission of Inquiry can play an important role in ensuring that Issam’s family receive justice and accountability for Issam, and that effective measures are taken to stop the killing of journalists who play a vital role in bearing witness and reporting the truth, from which we all benefit.”

Tatyana Eatwell, Jennifer Robinson and Nikila Kaushik act as international counsel for Abeer Abdallah, sister of Issam Abdallah.

The press statement is available in pdf format here.

Note to editors:

1. Security Council Resolution 1701(2006) “calls for a full cessation of hostilities based upon, in particular the immediate cessation by Hizbollah of all attacks and the immediate cessation by Israel of all offences military operations” in Lebanon.

2. Any press queries for international counsel in this matter should be directed to t.eatwell@doughtystreet.co.uk 

Photograph credit: Issam Abdallah

[1] UNIFIL, Investigation into Allegations of Fire Across the Blue Line Resulting in the Death of a Journalist IVO Alma Ash Sha’b on 13 October 2023, p. 2.