Attention builds over a slain civilian

The Abu Hijlehs' chances of seeing some accountability for Shaden's death are about fifty-fifty, say lawyers and human rights experts. If their case isn't investigated and prosecuted in an Israeli court, then theoretically they can approach the International Criminal Court, which has a mandate to try war crimes and crimes against humanity.

The Hijlehs are considering international law at a time when Israel, along with the US, is distancing itself from world courts.

In 2002, survivors of a 1982 massacre at a Lebanese refugee camp went to the International Court of Justice in The Hague to bring war crimes charges against Sharon for his involvement. The case was dismissed.

But later that year, Britain's Scotland Yard began investigating war crimes allegations against Defense Minister Shaul Mofaz while he was visiting the country. Shortly after, Amnesty International accused Israel of war crimes during its spring siege of the West Bank.

Israel reacted swiftly. Its leaders do not want soldiers reluctant to act for fear of future war crimes charges. Officials ordered an assessment of the countries where Israeli politicians and soldiers could face arrest for war crimes.

Foreign Minister Benjamin Netanyahu proposed a conference of countries opposed to the international court. And Israel "unsigned" the ICC mandate last year, signaling that it has no intention of submitting to its oversight.

Israeli officials acknowledge the irony of this situation, since much international humanitarian law was born from the ashes of the Holocaust.

"The concept that there are crimes the world should try was invented by us," says Colonel Reisner. But like many other officials, he says Israel has no choice but to protect itself. "Arab states are using the international court to target Israel."

Curled on her living room couch in a Gap sweatshirt and jeans, Lana abu Hijleh has a dark, heavy-lidded beauty and a dancer's build. The Jerusalem sky, visible through large half-moon windows, is a heavy gray. It has been six weeks and she misses her mother's regular 8 a.m. calls.

"She came from a conservative family, but she was liberal," Lana says. Shaden helped her become the first Nablus woman to study in the US and stood by her through a divorce, no small issue in a Muslim society. The greatest challenge, Lana finds, is coping with her anger. "I'm trying to direct it the right way," she says, "but it's so hard. People say 'You should be proud, she died a martyr.' " Lana shakes her head. "I couldn't relate. It wasn't her choice to die. It's dangerous, this glorification of death."

Her family is changing. Jamal and Saed fasted this Ramadan, for the first time, and commemorated Shaden's death with a reading of the Koran. Jamal prays regularly now and refers to Shaden as Al Marhouma, an honorific which means "God rest her soul." "That really upsets me," says Lana. "I want to tell him: She has a name, use it."

Lana worries about her father. A few weeks after Shaden's death, the invitation for an immigration interview arrived. "We told him he has to start a new life on his own," she says.

When she took Jamal to the US Consulate in East Jerusalem, the guard asked where Shaden was. When Lana said she had passed away, the guard picked up a marker, turned to a list of the day's visitors posted on the wall and drew a red line through Shaden's name. Jamal began to weep.

Last month the report on Shaden's death reached the chief of staff, reportedly outlining the stray bullet theory.

Ya'alon returned it, demanding more details.

On Jan. 6, almost three months after the killing, army investigators arrived at the Hijlehs' front door, prodded by the attention her case has received, the family believes. "They listened, they were polite," says Saed.

The IDF says its investigation will be finished within two weeks.

Page: 1 | 2 | 3 | 4