A military statement said on Thursday the advocate-general had filed an appeal against last week's ruling by a brigadier-general acquitting the soldier, a lieutenant in the Beduin Desert Reconnaissance Battalion, despite a military court recommendation that harsh disciplinary action be taken against him.

The statement did not give a date for the appeal hearing.

British filmmaker James Miller was shot in the neck in May 2003 by Israeli troops in Rafah, adjacent to the Gaza Strip's border with Egypt.

Military prosecutors could not prove that the lieutenant killed Miller, but they did say he fired in contravention of standing rules of engagement, for which he should be punished.

Miller was filming a documentary on the lives of Palestinian children. The killing was filmed by an APTN cameraman, whose footage was included in Miller's documentary and later broadcast on HBO.

White flag

The footage of Miller's killing shows that the cameraman and his colleagues, who were leaving the home of a Palestinian family in the Rafah refugee camp after dark, carried a white flag and called out to let troops know they were British journalists.

Miller's widow and the British government had protested against the earlier acquittal.

His wife, Sophy, and his sister, Katie, said they were told by military investigators last month that the officer admitted to firing his weapon in Miller's direction.

They said they were told that the officer acknowledged he knew when he fired the weapon that journalists were in the house, and that the area surrounding it was well-lit.