Spanish Judge Pursues Israel for "Crimes Against Humanity"

On 22nd of June 2002 Israeli army killed Salah Shehadeh, supposed responsible of Hamas military branch, bombing his house. 14 civilians were killed and 150 wounded. In that period Israeli adopted a selective killing policy against Palestinian political leaders. Now Spanish National Court want to sue Israeli organizers of the operation for “crimes against humanity”. Defence Minister Ehud Barak declared that the Spanish “judge live in a upside-down world”.

While all over the world begun a debate about the possibility to put Israel'i responsibles under trial for war crimes and crimes against humanity for Gaza military operation that caused 1300 deaths, Spanish National Assembly started an investigation about a fact happened in 2002.

The operation's target was Salah Shehadeh, supposed head and founder of Izzedine al Qassam Brigades, the Hamas military branch. Arrested by Israelis in the eighties, the militant was later transferred in a Palestinian jail under the authority of Palestinian Authority and then released in 1990. In 2002 during the second Intifada, Israeli aviation dropped a 1 ton bomb on his house, in Daraj district of Gaza city, with him other 14 people died, between them 9 children, 150 people were wounded.

According to International Commission of Jurist the high human concentration in the area was well known by Israeli military intelligence, however they decide to execute the operation. This element configures for Israel a crime against humanity, this kind of crime is considered by Spain attaining to his jurisdiction.

Fernando Andreu, persecutor of National Assembly accepted the recourse presented by Palestinian Center for Human Rights (PCRH) and by some victim’s relatives. He declared he is competent for these investigation according to Organic Judicial Power Law that states, in the article 23, that Spanish judges have the power to investigate and begin trials concerning terrorism, genocide cases and other crimes even if they are committed outside Spanish territory in case of violation of international treats. International Penal Court considers a “war crime” a premeditate attack against civilian or non-military or an attack on a military target knowing in advance there will be civil victims.

Now the two parts, Israel and Palestinian Authority will receive a communication from the Spanish court about the enquire beginning. Spanish persecutor asked Israel to provide information about the defendants. Former Defence Minister Benjamin Ben-Eliezer (who is now the Israeli Infrastructure Minister), his [former] military advisor, Michael Herzog, former Israeli Army Chief of Staff Moshe Ya’alon, Dan Halutz, former Commander of the Israeli Air Force, Abraham Dichter, Former Head of the Israeli Intelligence Service, Doron Almog, former Head of the Israeli Southern Command, and Giora Eiland, former Head of the Israeli National Security Council are under investigation. Persecutor Andreu also declared he will send as soon as possible an investigative delegation to Gaza in order to collect depositions about the matter.

It is difficult the investigation will comes to an end because Israel never collaborated in this kind of enquires before. 

According to El Pais Spanish news-paper the persecutor can not start the trial if defendants are not present, but Andreu could issue an international detention order that would strongly reduce defendants’ freedom of movement.

Israel acted immediately to prevent Israeli soldiers to be put judged by European Courts. Prime Minister Ehud Olmert declared the state will provide all needed legal assistance to possible Israeli defendants. Military authorities forbid Medias to publish identity and pictures of possible defendants who participated in houses demolitions in Gaza. At se same time Government recommended military officers to not go in countries where it would be possible they are persecuted like Spain, United Kingdom, France, Belgium and northern countries.(AT)