By Laura Zuber
Impunity Watch Senior Desk Officer, Middle East
MADRID, Spain – On January 29, a Spanish High Court judge, Fernando Andreu, announced that the court will launch an investigation of seven Israelis over an attack on July 22, 2002. The investigation relates to the decision to drop a one ton bomb on a housing block in a raid targeting Salah Shehada, a Hamas commander. The attack killed 14 civilians, including nine children, and injured over 150 others.
The Gaza-based Palestinian Centre for Human Rights brought the case before the Spanish courts on behalf of the families of the victims. Main targets of the investigation are then-Defense Minister Binyamin Ben-Eliezer and Dan Halutz, the then air force commander of the Israeli army. Other persons of interest include: Internal Security Minister Avi Dichter, former IDF Chief of Staff Moshe Yaalon, former GOC Southern Command Doron Almog, former National Security Council Head Giora Eiland and Brigadier-General (Ret.) Mike Herzog.
Not surprisingly, Ben-Eliezer strongly criticized the Spanish court’s announcement; claiming that Spanish law is siding with terrorist organizations. “This is a ridiculous decision and, even more than ridiculous, it is outrageous,” Ben-Eliezer said. “Terror organizations are using the courts in the free world, the methods of democratic countries, to file suit against a country that is operating against terror.”
Ben-Eliezer said he does not regret his decision to bomb Gaza. “Salah Shehadeh was a Hamas activist, an arch-murderer whose hands were stained with the blood of about 100 Israelis,” he said. Shehadeh was the leader of Hamas’ military wing in Gaza, and Israel claims that he was responsible for attacks against hundreds of Israeli civilians.
Current Israeli Defense Minister, Ehud Barak, also criticized the Spanish court’s investigation. Barak stated, “Anybody calling the liquidation of a terrorist a ‘crime against humanity’ is living in an upside-down world. All senior personnel in the military establishment acted appropriately, in the name of the state of Israel, through their commitment to ensure the security of Israeli citizens.”
Spanish law permits universal jurisdiction for certain crimes; such jurisdiction allows the prosecution of foreigners for such crimes as genocide, crimes against humanity and torture committed anywhere in the world. On January 30, Israeli Foreign Ministry Tzipi Livni stated that she spoke with her Spanish counterpart. According to Livni, “Spain has decided to change its legislation in connection with universal jurisdiction and this can prevent the abuse of the Spanish legal system.”
However, Spanish state television TVE quoted government sources as saying the possibility of a legal “adjustment or modification” would not be retroactive and would not affect the case before the courts.
For more information, please see:
Jerusalem Post – “We’ll Amend Law to Prevent Such Probes” – 31 January 2009
CNN – Top Israeli Official Blasts Spanish Court’s Probe – 30 January 2009
International Herald Tribune – Livni Says Spain to Drop Universal Legislation – 30 January 2009
Reuters – Israel Says Spain Says it Will Amend War Crimes Law – 30 January 2009
Al Bawaba – Spanish Court to Investigate Israeli Officials for Alleged ‘Crimes Against Humanity’ – 29 January 2009
Reuters – Spanish Court Investigates 2002 Israeli Gaza Attack – 29 January 2009
