Dutch Court Throws out War Crime Case against Israel’s Gantz over 2014 Gaza Strike

  • 1/29/2020
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A Dutch district court on Wednesday ruled that it does not have jurisdiction to hear a case against former Israeli Armed Forces chief Benny Gantz brought by a Dutch-Palestinian who lost six relatives during an Israeli air strike on Gaza in 2014. The claim was filed under universal jurisdiction rules by the claimant Ismail Ziada. Judicial authorities in countries that recognize universal jurisdiction for serious offenses, such as war crimes and torture, can investigate and prosecute those crimes no matter where they were committed. “A Dutch judge is not competent to rule on the case of the claimant,” presiding Judge Larisa Alwin said, explaining that universal jurisdiction could be applied for individual criminal responsibility but not in a civil case. In civil cases in national courts, Gantz enjoys immunity from prosecution due to his government function at the times of the alleged crimes, Alwin said. A career soldier, Gantz was chief of staff of the Israeli armed forces from 2011 until his retirement in 2015. He was commander during the 2014 war against Palestinian fighters in Hamas-run Gaza, when the incident took place. Ismail Zeyada was attempting to sue Gantz and former Israeli air force commander Amir Eshel. Neither Gantz nor Eshel was in court for the decision. Zeyada said he and his lawyers would study the ruling with a view to appealing. “I owe it to all the Palestinians who have suffered and continue to suffer the same fate, to continue this struggle to achieve what is denied to them: Access to independent justice and accountability for the unspeakable crimes committed against them,” he told reporters outside the courtroom. About 2,200 Palestinians are estimated to have been killed, up to 1,500 of them civilians during the 2014 conflict. On the Israeli side, 67 soldiers were killed and five civilians. Israels Justice Ministry had asked the court to dismiss the allegations, saying that an internal Israeli military investigation determined the air strike had killed four militants hiding in the house. It said the attack was permissible under international law, and argued the Dutch court doesnt have jurisdiction. Hamas had said that two militants were in the building. At a hearing last year, Zeyada detailed his loss to the judges. "My mother, Muftia Zeyada, who was 70 years old at the time of her death. My eldest brother Jamil and his precious wife Bayan. Their 12-year-old son Shaban. My two other brothers, Youssef and Omar," he told judges. Zeyada said Wednesday he felt "deep sorrow and disappointment, because effectively this decision denies me access to justice. I have no access to justice. Im a Dutch citizen who Ive been a victim of a horrendous crime and here a Dutch court tells me no access to justice.” Gantz is the main rival facing Prime Minister Benjamin Netanyahu in an election in Israel on March 2, Israel’s third in less than a year after inconclusive ballots in April and September.

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