Film-maker ‘murdered’ by IOF

British journalist James Miller was killed by a single shot in May 2003 in Gaza while making a documentary about the suffering of Palestinian children.

Two years after James Miller was shot dead (shot three years ago - 2 May, 2003) while making a documentary on the region (for the American cable giant HBO), his film has been honoured with three Emmy awards.

Death in Gaza looks at the lives of three children at the Rafah refugee camp caught up in the cycle of violence between the Israeli army and Palestinian fighters, and documents the killing of the 34-year-old British documentary maker.

Initial findings from an Israeli Occupation Forces investigation into the affair claimed that the correspondent was shot in the back, and suggested that he may have been hit by Palestinian gunfire.

Another Briton who had been with Mr Miller said they were waving a white flag and moving towards an Israeli armoured vehicle when it opened fire. By chance, the team were being filmed by an agency stringer from APTN.

The videotape proves that there is no crossfire.

They were wearing helmets and flak jackets littered with TV signs. The Israeli army has, thanks to the Americans, some of the best night vision technology in the world. Their kit turns nights into day. James was shot in the front of his neck by an Israeli bullet and was mortally wounded.

No soldier has been disciplined or charged and in court the cameraman's family have accused Israel of a coverup, claiming there is evidence that his killer is Lieutenant Heib of the Israeli occupation force.

Finaly, few days ago, and after three years of shooting James, a UK court rules that IOF shooting of the filmmaker was a deliberate cold-blooded murder.

Mr Cobb-Smith, a former British army officer and UN weapons inspector, said Mr Miller and his colleagues would have been visible to the Israeli soldiers, who had night vision goggles. The sky was cloudless, the moon was shining and electric lights were shining from nearby houses. "My conclusion is this was calculated and cold-blooded murder, without a shadow of a doubt," Mr Cobb-Smith told the jury at St Pancras coroner's court in London.

The following is a 5 April 2006 Committee to Protect Journalists (CPJ), press release:

Israel: UK court rules IDF shooting of filmmaker in Gaza was murder

New York, April 5, 2006 - The Committee to Protect Journalists today renewed its call for Israel to properly investigate the killing of a British cameraman in the Gaza Strip after a London court found that his shooting by an Israeli officer was murder. James Miller, an award-winning filmmaker, was filming a documentary about Palestinian children caught up in the Israeli-Palestinian conflict when he was hit by a single shot in the neck three years ago.

London's St Pancras Coroner's Court concluded today that Miller was shot deliberately.

"Based on the evidence laid before us, we, the jury, unanimously agree that this was an unlawful shooting with the intention of killing James Miller," the jury spokeswoman told the court, according to Reuters. "Therefore we can come to no other conclusion than that Miller was indeed murdered."

An inquest is not meant to establish guilt but to determine the cause of death. Coroner Andrew Reid had told the jury the only verdict it could return was one of unlawful killing but that it had to determine whether Miller was murdered or the victim of manslaughter.

The Israeli army last April cleared an officer, identified only as Lieutenant H, of any wrongdoing in Miller's death, drawing an official protest from the British government.

"It's unacceptable that nearly three years after this shocking incident no one has been held to account," CPJ Executive Director Ann Cooper said. "The message here is one of official disregard for the safety of journalists. It is essential that the Israeli authorities conduct a serious and transparent investigation and bring those responsible for wrongdoing to justice."

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David Siegel, a spokesman for the Israeli embassy in Washington, said Israeli investigators had found no evidence to proceed with a prosecution. "A thorough and extensive investigation has been conducted by legal authorities in Israel for over two years," Siegel told CPJ. "It was concluded that they could not provide a basis for prosecuting under criminal law," he added.

Miller was with a crew filming an HBO documentary on May 2, 2003 in the Gaza Strip. He and several crew members came under fire as they attempted to leave the area that evening. The crew members said they tried to identify themselves as journalists to Israeli troops in armored personnel carriers about 110 yards (100 meters) away. Miller was shot once in the neck and died from his wound.

The journalists said they were wearing jackets and helmets marked "TV," and they held a white flag illuminated by a flashlight. The Israeli army said its troops were returning fire after being attacked with rocket-propelled grenades.

An investigation sponsored by Miller's colleagues, family, and friends - conducted by British security consultant Chris Cobb-Smith of the security company Chiron Resources Limited - concluded that Israel Defense Forces (IDF) soldiers "consciously and deliberately targeted" Miller and his crew. The report noted that the area where Miller's crew was operating had been quiet for about an hour before he was killed. Prior to that time, sporadic gunfire was heard but not in the journalists' vicinity.

In a disciplinary hearing last year, the IDF acquitted the unnamed lieutenant of improper use of weapons. Earlier, the military's prosecutor general had decided against bringing criminal charges. The IDF said then that a military police investigation showed that the officer "allegedly fired his weapon in breach of IDF rules of engagement" but that it was not "legally possible to link this shooting to the gunshot sustained by Mr. Miller."

The London jury noted that from the outset the "Israeli authorities have not been forthcoming in the investigation into the circumstances surrounding Miller's death."

Miller's family has criticized the IDF for taking excessive time to complete their inquiry; for failing to make public the army's initial investigative findings, and for providing only portions of the military police report into Miller's death. The family also criticized the IDF for allegedly bulldozing the scene of the shooting hours after it occurred, and of failing to immediately collect critical evidence, such as the rifles of the army unit that was involved.

CPJ is a New York-based, independent, nonprofit organization that works to safeguard press freedom worldwide. For more information, visit http://www.cpj.org.

"The Israeli soldiers watched us fumbling to remove James's body armour and get him back on to the stretcher but still would not help us," said reporter Saira Shah, who was standing next to Mr Miller when he was shot.