The Supreme Court of the Netherlands has ruled that Palestinians cannot proceed with a lawsuit against Israeli military officers for their alleged involvement in an airstrike in the Gaza Strip in 2014. The lawsuit is directed toward Benny Gantz, former military veteran and subsequent politician, and Amir Eshel, former Chief of Air Staff, who are believed to have played a key role in the airstrike. The ruling reaffirms prior lower court decisions, asserting the officers’ immunity due to their execution of government policy.
The plaintiff, Ismail Ziada, initiated the case claiming to have lost six family members due to an airstrike that formed part of Israel’s campaign during the Gaza War of 2014 against Hamas. Ziada’s lawsuit called for compensation for undisclosed damages under Dutch rules of universal jurisdiction, which authorize the pursuit of legal action for serious crimes committed elsewhere. Ziada’s legal representation argued that the defendants should not be granted immunity as their alleged actions were equivalent to war crimes. However, with no further appeals feasible against the ruling, Ziada is considering an appeal to the European Court of Human Rights.
Simultaneously, an internal Israeli military investigation reportedly established the death of four Palestinians in the subject airstrike, with Hamas officials contending that two of their members had been in the building at the time.
Israel has argued its military campaign in 2014, known as Operation “Protective Edge,” had the main objectives of halting rocket attacks on its citizens and dismantling tunnels used for weapons smuggling and militant infiltration. This operation resulted in the deaths of 2,251 Palestinians, the majority civilians, and 74 Israelis, mostly soldiers. Further reading.
This development, as reported by Jurist, may lead to critical discussions within international legal circles regarding the purview of universal jurisdiction and the vexed issue of immunity granted to individuals for actions carried out in the execution of government policy.