Fri Aug 25th, 2023 at 02:31:34 PM EST
Head prosecutor Khan (ICC) is quite busy right now on a project funded by non-member the United States of America
Dutch supreme court: Israeli military immune from prosecution in Netherlands | JPost |
In the suit, Ziada sought unspecified damages against Gantz under Dutch universal jurisdiction rules, which allows countries to prosecute serious offenses committed elsewhere.
The Dutch supreme court ruled on Friday that two Israeli former military commanders, including ex-defense minister Benny Gantz, are immune from civil prosecution in the Netherlands in a case brought over the deaths of six Palestinians in an Israeli air strike.
The ruling upheld a December 2021 Dutch appeals court finding that Benny Gantz - a career soldier turned politician - and ex-air force commander Amir Eshel, as then-high-ranking Israeli officials carrying out government policy, could not be held liable in a Dutch civil case, "irrespective of the nature and seriousness of the conduct alleged against them."
The Ismail Ziada Case | The Nuhanovic Foundation for War Reparations |
Lieutenant General Benjamin Gantz, was the Chief of General Staff of the Israeli army from February 2011 to February 2015 and Major General Amir Eshel, was Air Force Chief of the Israeli army from 2012 to August 2017. As the bombing was carried out under their responsibility, Ziada argued that they were liable for his current and future material and immaterial damages. It is the first ever civil claim against Israeli army officials for the killing of civilians during the attacks on Gaza in 2014.
Israel Crosses 'Red-Line' with Criticism of Obama and Kerry | by Oui @BooMan - July 28, 2014 |
Dutch court won't hold Israeli military brass liable for Gaza War deaths | Court House News - Dec. 7, 2021 |
The decision affirms immunity for officials in connection to an airstrike that killed six members of one family during the 2014 Gaza War.
Rejecting the appeal, the three-judge panel said national courts must remain neutral when the national interest of other countries is in question. In this way, national courts are unlike the International Criminal Court, for example, which is also based at The Hague.
"Although the state of Israel is not a party to these proceedings, its interests are indirectly indeed at stake," the judges wrote.
It is unclear if Ziada plans to appeal.
"The judgment is conservative to the extreme, halting justice for human beings and supporting diplomatic relations between states. The Dutch supreme court will without any doubt confirm the ruling, but the most important question is whether Ismail Ziada will hold his ground and continue claiming rights that should not be denied in a court of law," his lawyer, Liesbeth Zegveld, said in an email to Courthouse News.
One of the best ….
Liesbeth Zegveld specializes in liability for human rights violations. In particular she's committed to victims of war. As head of the international law & human rights department, she has worked on numerous high-profile cases, focussing on war victims. She set up the Nuhanovic Foundation, aimed at facilitating access to justice for war victims.
From my earlier diary ...
Israel's IDF Gaza Bombing in Dutch Court | Dec. 8, 2021 |
A pivotal year 2014 where the Dutch can hold up human rights, a nation where the Carnegie Peace Institute, International Court of Justice, and the International Criminal Court (ICC) is hosted. Upholding Universal Human Rights ... 😡