ARMY REFUSES TO PROSECUTE FILMMAKER'S ALLEGED KILLER
On 9 March 2005, the Israel Defence Force (IDF) said it would not press criminal charges against the commanding officer of the IDF unit - a lieutenant - for the shooting death of Miller. Miller was shot and killed in Rafah on 2 May 2003 while filming an HBO documentary about the Israeli-Palestinian conflict.
The IDF says it will instead take disciplinary measures against the officer for breaching IDF rules of engagement. "It is not legally possible to link this shooting to the gunshot sustained by Mr. Miller," the IDF said in a statement. It did not specify what disciplinary measures it would take.
Miller's family has expressed outrage at the decision and says it will launch a civil action for wrongful death. It says the IDF took excessive time in completing the inquiry into Miller's death, failed to make public its initial investigative findings and failed to immediately collect critical evidence. The lieutenant thought responsible for Miller's death was questioned six times by military police and each time gave a different account of what happened.
Visit these links:
- IFJ: http://www.ifj.org/default.asp?Index=3008&Language=EN
- James Miller's Film "Death in Gaza": http://www.hbo.com/docs/programs/death_in_gaza/index.html