Spanish judge presses on with Israeli war crime probe

[ 05/05/2009 - 08:43 AM ]

MADRID, (PIC)--

The Spanish judge Fernando Andreu on Monday declared that he would press ahead with investigating Israeli crimes against humanity committed in the aerial bombardment of a Gaza building in 2002.

Legal sources said that Andreu of Spain's National Court refused prosecutors' argument that the court lacked the jurisdiction to probe the file.

The judge asserted that his court was authorized to probe the charge filed by the Palestinian center for human rights in Gaza after failure of the Israeli judiciary to prosecute those who committed war crimes against Palestinians.

The case involves the Israeli air force's shelling of a building in Gaza on 22/7/2002 that killed the commander of the Qassam Brigades, the armed wing of Hamas, Sheikh Salah Shehade along with 14 civilians mostly children.

The Israeli air force dropped a one ton bomb on the house in the Daraj neighborhood in Gaza city.

The charge was made against seven Israeli officials topped by the then war minister Benjamin Ben Eliezer, chief of staff Moshe Ya'lon, and air force commander Dan Halutz.

Spain to continue investigation into 2002 Israeli bombing of Gaza

Date: 04 / 05 / 2009  Time:  16:06
Bethlehem – Ma’an/Agencies –

Spain’s National Court plans to proceed with an investigation of Israeli officials for possible war crimes against humanity over the 2002 killing of a Hamas fighter and 14 civilians.

Judge Fernando Andreu announced on Monday that the inquiry would continue over the recommendations of prosecutors, who called on him last month to stop the investigation on the grounds that Israel was still investigating the bombing. Andreu said on Monday that he found no evidence of such an investigation, according to AP.

The case was opened in January at the request of Palestinian relatives of victims of the attack. Nine children were among the dead.

Under the principle of universal jurisdiction, crimes such as genocide, terrorism or torture can be prosecuted in Spain even if they were perpetrated elsewhere.

In the attack, on the night of 22 July 2002, an Israeli F-16 fighter jet dropped a one-ton bomb on the house of Salah Shehadah, a leader in Hamas’ armed wing. Shehadah and his family, including nine children, were killed as they slept.