James Miller was shot in the neck

James Miller, from Devon, was killed in 2003 in the Rafah refugee camp in the Gaza Strip while making a documentary.

The officer accused of firing the fatal shot was cleared last week of misusing his firearm after a disciplinary hearing before an army general.

The army's chief prosecutor has now appealed against that decision, forcing a fresh hearing before another general.

The officer involved has been identified only as Lieutenant H, who serves with the Bedouin Desert Reconnaissance Battalion.

Mr Miller, 34, was making a documentary about Palestinian children when he was hit.

Witnesses said he had been waving a white flag and calling out to troops that he was a journalist.

'Difficult circumstances'

He was hit in the neck as he approached an armoured vehicle in darkness.

According to military officials who spoke last week, the officer was cleared because he had been operating in very difficult circumstances, and had "acted appropriately".

The ruling provoked protests from the British government and from Mr Miller's widow.

Army prosecutors had already ruled out criminal charges against the officer.

Mr Miller, from Braunton, Devon, was struck in the neck, between his helmet and bullet-proof vest.

The Israeli army expressed regret over Mr Miller's death but said he had "taken great risks by being in a virtual war zone".