Spanish judge probes 2002 Israeli attack on Hamas in Gaza

[DogPoundPup]

A Spanish judge is opening a probe of seven current or former Israeli officials over a 2002 bombing in Gaza that killed a Hamas terrorist and 14 other people, including nine children.

Judge Fernando Andreu said the attack by Israel against Salah Shehadeh in a densely populated civilian area may constitute a crime against humanity.

The judge is acting under a doctrine that allows prosecution in Spain of such an offense or crimes like terrorism or genocide even if they are alleged to have been committed in another country.

Andreu announced the probe in a writ issued Thursday.

http://www.jpost.com/servlet/Satellite?cid=1233050208647&pagename=JPost%2FJPArticle%2FShowFull

[Scurrilous]

1. Spanish court to probe Israeli officials for alleged 'crimes against humanity'

Madrid Court grants motion by Palestinian group to probe several government officials, senior IDF officers for their involvement in 2002 hit on Hamas operative Salah Shehade; which left 14 dead, 100 wounded. Former IDF chiefs Halutz, Yaalon; ministers Ben Eliezer, Dichter named in case

http://www.ynetnews.com/articles/0,7340,L-3663932,00.html

<snip>

"National Infrastructure Minister and former Defense Minister Binyamin Ben-Eliezer and former IAF and IDF Chief of Staff Dan Halutz may face criminal charges in Spain for killing Palestinian civilians seven years ago.

A Spanish court granted a petition by the Palestinian Center for Human Rights on Thursday, asking the two be investigated for alleged "crimes against humanity" for their involvement in the 2002 assassination of Hamas operative Salah Shehade. Fourteen civilians were killed in the incident and about 100 more were injured.

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 (Res.) Mike Herzog have also been named as persons on interest in the case.

According to a legal source in Madrid, Justice Fernando Andeo decided to grant the Palestinian petition "in the name of universal justice."

[bemildred]

2. Isn't this how Pinochet got hauled before the law?

Some Spanish judge started an investigation?

[Scurrilous]

20. He was arrested in Britain on a Spanish warrant.

Works for me. :thumbsup:

[Purveyor]

3. AFP: Israel To Seek Dismissal Of Spanish Legal Probe - Ministry

JERUSALEM (AFP)--Israel's Defense Minister Ehud Barak said Thursday he would do his utmost to obtain the dismissal of a Spanish legal probe into alleged crimes against humanity over a 2002 Israeli bombing raid in Gaza.

"The minister intends to fight vigorously against the accusations in Spain and do everything possible to get the investigation dismissed," the defense ministry said in a statement.

http://tinyurl.com/ck7leq

[bemildred]

4. Netanyahu: Spanish probe scandalous

Likud Chairman Benjamin Netanyahu called the Spanish probe against defense officials for their participation in the targeted killing of Salah Shahede "scandalous".

"This is an absurd scandal," he said. "The State of Israel, which fights against criminals of war, is being sued for imaginary crimes. The State should grant aggressive protection for those sued in such a manner. There is no war more just and moral than that which we are leading." (Amnon Meranda)


http://www.ynetnews.com/articles/0,7340,L-3664079,00.html

[bemildred]

5. Spanish Judge Orders Probe of Shehadeh Elimination

(IsraelNN.com) A Spanish judge ruled Thursday to open a probe into senior Israeli military officers and security officials involved in the 2002 air strike that eliminated senior Hamas terrorist Salah Shehadeh, who was responsible for the murder of dozens of Israelis in hundreds of terrorist attacks. The order followed a complaint from the Palestinian Center for Human Rights.

Among those included in the probe are former Israeli Air Force commander Dan Halutz and Minister of National Infrastructure Binyamin Ben-Eliezer, who at the time of the Shehadeh killing served as Defense Minister, as well as Ben-Eliezer's military secretary Mike Herzog. Also cited were Public Security Minister Avi Dichter, who was head of the Shabak Israeli Security Agency, and former head of the National Security Council Giora Eiland. Former Chief of Staff Moshe Yaalon and former Southern District military commander Doron Almog were almost arrested in other countries in connection with the case.

Justice Fernando Andreu said the assassination may have been a crime against humanity and illegal due to the fact that Shehadeh's home was located in a densely populated area, and several noncombatants were killed in the strike. He invoked a law allowing Spain to prosecute crimes of terrorism or genocide even if they are committed beyond Spain's borders and do not involve Spanish citizens.

http://www.israelnationalnews.com/News/Flash.aspx/160040

[oberliner]

6. This is a far-right website

Israel National News is Artuz Sheva - the self-proclaimed voice of the settler movement.

[bemildred]

8. What's your point?

You think I should only post from approved sites?

[oberliner]

12. Just wasn't sure if folks knew they were one and the same

Feel free to post from whatever sites you deem appropriate!

[bemildred]

15. Well, it's true the "letter from a soldier" disappeared.

I guess you can go astray there. But seriously, I've been posting from INN for ages.

[DogPoundPup]

11. will cnn work for you, "worrier" of news sources?

http://edition.cnn.com/2009/WORLD/europe/01/29/spain.israel.gaza.lawsuit/index.html?iref=mpstoryview

[oberliner]

13. Thanks!

How do you go about finding all of the I/P stories that you've posted?

I've seen some sites posted from here that I'd never heard of before.

[Jefferson23]

7. From your post:

" He invoked a law allowing Spain to prosecute crimes of terrorism or genocide even if they are committed beyond Spain's borders and do not involve Spanish citizens."

Now that is interesting, thanks for this info.

[bemildred]

9. I was mainly interested in the list of probees.

As I noted above, it was a Spanish judge the got the ball rolling in the detention and prosecution of former Chilean dictator Pinochet.

[sabbat hunter]

10. whether it is a

Pinocet, Mugabe etc, it is bad precedent to prosecute a citizen of another country for potential crimes committed that did not occur on that nation's soil or any of that nation's citizens.

That is why the international court was created.

[bemildred]

14. On the contrary, people that order the bombing of cities should be harassed

wherever they go until the day they die. We all have an abiding interest in the enforcement of the "laws of war" and humanitarian standards of conduct. The notion that these weasels ought to be able to just get on with their lives is offensive to justice and morality. And yes, I am more than willing to include people that shoot rockets at cities too.

[sabbat hunter]

16. That is why we have international courts

Otherwise where would this stop? A country could accuse someone like President Obama, convict him in abstentia, put his life in danger if they find for a death penalty.

Way too easy for rogue states to take advantage of something like this.

[bemildred]

17. Well, I'm all for the ICC too. But calling Spain a "rogue state" seems a bit much. nt

[sabbat hunter]

21. you misunderstand

While Spain is indeed NOT a rogue nation, what is to prevent rogue nations from following Spain's lead?

[bemildred]

22. They do that already, nobody cares.

Iran for example. It is the combination of non-rogue nations in this sort of effort that makes it effective. It was a combination of Spain, the UK, and Chile that brought Pinochet to account.

[bemildred]

24. It seems entirely proper to see this as a result of the failure UN security council

and international legal organs to do their jobs. When the central authority fails to function, it is to be expected that local authorities will try to step up.

France urges measures to enforce humanitarian law in conflict

http://www.monstersandcritics.com/news/middleeast/news/article_1456537.php/France_urges_measures_to_enforce_humanitarian_law_in_conflict_

[bemildred]

18. Best of all would be to see these weasels tried and punished in Israeli courts.

That would be magic, something to conjure with. But I don't want to raise any unrealistic expectations.

[Idealism]

23. The international courts that Israel isn't a signatory of?

[bemildred]

19. Ya'alon: Spanish suit part of anti-Israel propaganda

Former IDF Chief of Staff Moshe Ya'alon responded to a Spanish court's announcement that it would prepare a suit against him and other defense officials involved in the targeted killing of Salah Shahede in 2002. "This is part of the propaganda against the legitimacy of the State of Israel," he said.

"Israel must act in all ways legal and political to remove the disgrace. This also harms the interest of the countries that host these claims. These countries should stand by Israel against the terror organizations challenging world order." (Amnon Meranda)

http://www.ynetnews.com/articles/0,7340,L-3664104,00.html

[Scurrilous]

25. Israel to appeal Spanish war crimes probe against its senior officials

<snip>

"Israel will on Friday appeal a decision by a Spanish judge to open a probe against National Infrastructures Minister Benjamin Ben-Eliezer and six other current or former Israeli officials over a 2002 bombing in Gaza that killed one Hamas militant and 14 other people, inluding nine children.

Ben-Eliezer, who was defense minister at the time of the bombing, blasted the decision as "ludicrous" adding that "even more than ludicrous, it is outrageous. Terror organizations use the courts of the free world and the mechanisms of democratic nations to file suit against a country that operates against terror."

Judge Fernando Andreu said the attack by Israel, which targeted senior Hamas militant Salah Shehadeh in a densely populated civilian area, might constitute a crime against humanity."

http://www.haaretz.com/hasen/spages/1059964.html

[Scurrilous]

26. ANALYSIS / Spain war crimes probe should not surprise Israel

<snip>

"A Spanish judge's decision to begin investigating the assassination of Salah Shehadeh in 2002 should come as no surprise. Several countries (Britain is another) have assumed the right of universal jurisdiction. The general rule is that a country's laws apply only to that country, but international law does not forbid a country to assert its authority over acts committed outside its borders. And this includes cases of people who, in the view of the country doing the judging, have committed serious crimes, albeit with no connection to that country.

Dr. Robbie Sabel, a former legal adviser to the Foreign Ministry, published a book in which he wrote that "there is apparently an obligation" to first give the countries involved a chance to try the suspects. Hence the argument is now being made that the Spanish writ was issued because the suspects were not tried in Israel, and the High Court of Justice declined to order a criminal investigation into the incident. Nevertheless, it is hard to believe that any investigative committee, and perhaps even not an indictment, would have prevented the writ from being issued.

Incidentally, Israel's penal code also permits it to try people for crimes committed outside its borders, but only in the case of crimes "against the state" or "against the Jewish people."

Two years ago, the issue of universal jurisdiction came to the fore when a British judge issued a writ against Maj. Gen. (res.) Doron Almog over the destruction of 30 houses in Rafah. In Britain, the Geneva Conventions were adopted as domestic law in 1957, and that is the basis for its assertion of universal jurisdiction. But prior to Almog, the British had never before attempted to exercise this jurisdiction.

The case led to talks between Jerusalem and London aimed at ensuring that courts would not issue such writs without consulting Britain's attorney general. However, the talks did not produce any change in British law.

Though the government has promised to provide Israel Defense Forces soldiers with legal defense, practically speaking this does nothing to solve the problem. The moment an Israeli soldier whose identity is known finds himself on the soil of a country that claims universal jurisdiction, a writ can be issued that would lead to his arrest and perhaps even his trial."

http://www.haaretz.com/hasen/spages/1060132.html

[Scurrilous]

27. Spanish FM: We'll act to prevent war crimes probes against Israel

<snip>

"Spanish Foreign Minister Miguel Moratinos informed Foreign Minister Tzipi Livni on Friday of Spain's plan to amend legislation that granted a Spanish judge the authority to launch a much-publicized war crimes investigation against senior Israeli officials.

Judge Fernando Andreu launched an investigation Thursday into seven current or former Israeli officials over a 2002 bombing in Gaza that killed a top Hamas militant, Salah Shehadeh, and 14 other people, including nine children.

The judge acted under a doctrine that allows prosecution in Spain, and other European countries, to reach far beyond national borders in cases of torture or war crimes. The universal jurisdiction ruling sparked outrage in Israel and elsewhere.

"I just heard from the Spanish Foreign Minister Moratinos, that Spain has decided to change its legislation in connection with universal jurisdiction and this can prevent the abuse of the Spanish legal system," Livni told the Associated Press. "I think this is very important news and I hope that other states in Europe will do the same."

http://www.haaretz.com/hasen/spages/1059964.html