SpaceWar.com - Your World At War
Dutch court throws out case over Israeli Gaza strike
The Hague, Jan 29 (AFP) Jan 29, 2020
A Dutch court said on Wednesday it had no jurisdiction in a case brought against Israeli politician Benny Gantz by a man who lost six relatives in an Israeli airstrike in 2014.

Ismail Ziada, a Dutch-Palestinian man, lost his mother, three brothers, a sister-in-law, a young nephew and a friend in the strike during Israel's Operation Protective Edge targeting Gaza.

Gantz, who is now the main political rival of Prime Minister Benjamin Netanyahu, was the chief of general staff of the Israeli defence force (IDF) at the time of the airstrike on the Bureij refugee camp in Gaza on July 20, 2014.

But The Hague district court said that under international law it could not hear the case, which named Gantz and former Israeli air force chief Amir Eshel.

"The district court has ruled that the Dutch court is not competent to hear the case, because the former Israeli officials have functional immunity from jurisdiction," Judge Larisa Alwin said.

"This form of immunity, a legal concept in customary international law derived from state immunity, applies to acts carried out in the performance of a public duty," she said.

"The air strike in the Gaza Strip, in which six of the claimant's relatives were killed, is an example of an act carried out in the performance of a public duty."


- 'Horrendous crime' -


Israel said it launched Protective Edge at the time to stop rocket fire against its citizens and destroy tunnels used for smuggling weapons and militants.

Ziada said he intended to appeal against Wednesday's ruling.

"My feeling is deep sorrow and disappointment," Ziada told reporters outside the court.

"I am a Dutch citizen who has been a victim of a horrendous crime and here a Dutch court says I have no access to justice."

Thom Dieben, lawyer for the defendants, said they were "pleased with the outcome."

"The reasoning is legally sound and in line with international law and that was what this case was all about," he told reporters.

"This case does not belong in a Dutch court, it belongs in an Israeli court. That was the line put forward by the IDF officials and that's what in our view the court has now accepted."

At a hearing in September Ziada told judges he was "seeking justice" and would not get a fair hearing before an Israeli court.

"The claimant believes that he cannot file his claim anywhere else and that the case has sufficient ties with the Netherlands, because he holds Dutch nationality and lives in the Netherlands," the court said.

Operation Protective Edge left 2,251 dead on the Palestinian side, most of them civilians, and 74 on the Israeli side, most of them soldiers.


ADVERTISEMENT




Space News from SpaceDaily.com
SPHEREx completes first full sky infrared map of the cosmos
CoDICE instrument returns first-light particle data for IMAP mission
Top 5 High Volatility Games For 2026 Chase The Biggest Jackpots Today

24/7 Energy News Coverage
The Quantum Age will be Powered by Fusion
Physicists map axion production paths inside deuterium tritium fusion reactors
Hybrid excitons speed ultrafast energy transfer at 2D organic interface

Military Space News, Nuclear Weapons, Missile Defense
SDA expands Tracking Layer satellite awards and related missile defense contracts
Space Systems Command activates System Delta 80 for assured space access
Rheinmetall ICEYE Space Solutions to provide SAR reconnaissance data to German military

24/7 News Coverage
Philosopher argues AI consciousness may remain unknowable
Climate driven model explores Neanderthal and modern human overlap in Iberia
Economic losses from natural disasters down by a third in 2025: Swiss Re



All rights reserved. Copyright Agence France-Presse. Sections of the information displayed on this page (dispatches, photographs, logos) are protected by intellectual property rights owned by Agence France-Presse. As a consequence, you may not copy, reproduce, modify, transmit, publish, display or in any way commercially exploit any of the content of this section without the prior written consent of Agence France-Presse.