Date: 4 May 2009
Time:
14:14 GMT
PCHR welcomes the Spanish National Court’s decision to continue
investigating suspected Israeli war criminals
Today, 4 May 2009, Judge Fernando Andreu of the Spanish
Audencia Nacional (National Court) announced his decision to
continue the investigation into the events surrounding the al-Daraj
bombing of July 2002. This attack resulted in the deaths of 16
Palestinians, including 14 civilians. The decision represents a major
step towards achieving justice for victims. It opens the door for
accountability, whereby suspected Israeli war criminals may be held
responsible for the suffering they have inflicted on the Gazan people.
The Palestinian Centre for Human Rights (PCHR), the
victims of this attack, and all Palestinians who have suffered at the
hands of Israel’s brutal and illegal occupation, wholeheartedly welcome
this decision.
The Spanish Court explicitly rejected the arguments of
the Spanish Prosecutor and the State of Israel, claiming that Israel had
adequately investigated the crime. The judge has confirmed that this
position is incorrect, and contrary to the rule of law. The Court
ruled that, in view of the status of
Gaza as an occupied territory (i.e. not part of Israel), Spanish
criminal law does not accord Israel primary jurisdiction over suspected
Israeli war criminals
The victims and their legal team have placed their trust
in the criminal justice system, believing that this is the only
mechanism whereby accountability can be pursued and Israel’s impunity
combated. Judge Fernando Andreu’s judgment indicates that, even in the
face of considerable political pressure – including statements made by
the Spanish Foreign Minister Moratinos – this trust in the rule of law
is justified. This decision confirms the credibility and independence of
the Spanish Courts.
On 22 July 2002, at approximately
11:55 pm, an Israeli Air Force F16 fighter jet dropped a 985 kilogramme
bomb on a three-storey apartment building. The attack was intended to
kill Salah Shehade, the suspected leader of the Izzidin al-Qassam
Brigade, Hamas’ military wing. The apartment building was located within
the densely populated Al Daraj district, a residential neighbourhood in
Gaza City. At the time of the attack, Shehade was on the upper floor of
the building. As a result of the blast impact, eight other adjoining and
nearby apartment buildings were completely destroyed, nine were
partially destroyed, and another 21 sustained considerable damage.
Excluding Shehade and his guard, a total of 14 civilians were killed,
including eight children. Approximately 150 civilians were injured.
Israeli Occupation Force (IOF)
officials have acknowledged that they decided to drop the bomb on
Shehadeh’s house knowing his wife was with him, intentionally killing
her as well. The decision to attack apparently also took into
consideration the possibility that, along with Shehadeh, approximately
10 civilians would also be killed.
This attack was planned in advance,
targeted a densely populated residential area, and was conducted at a
time when it could reasonably be expected that there would be an
extremely high number of civilians present. This attack constitutes a
grave breach of the Geneva Conventions of 1949, and as part of wide
spread and systematic war crimes, it also classifies as a crime against
humanity.
This case was taken before the Spanish
Courts by a legal team consisting of Gonzalo Boye, Antonio Segura, their
Spanish associates, the Palestinian Centre for Human Rights, and
Hickman & Rose in London.
The legal team will redouble its efforts to demonstrate
that the al-Daraj bombing was only one of a number of widespread and
systematic Israeli war crimes committed against Palestinian civilians in
the occupied Palestinian territory since June 1967. The commission of
these crimes intensified consequent to the beginning of the second
intifada in September 2002. The Court will have sufficient evidence
to judge that, as part of a policy of widespread and systematic attacks
directed against a civilian population, the al-Daraj bombing was a crime
against humanity.
An English version of the judgment is available
here.
The Spanish language version of the judgment is available
