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[ Friday, 27 February 2009 ]
 

To include crimes against humanity by Israeli military figures

Spanish judge to go ahead with Gaza raid probe

Israel has not launched any legal procedure concerning a 2002 bombing of Gaza (File)
Israel has not launched any legal procedure concerning a 2002 bombing of Gaza (File)

MADRID (Agencies)

A Spanish judge decided to go ahead with a probe into alleged crimes against humanity committed by top Israeli military figures after studying documents received from Israel, judicial sources said Friday.

The documents, received by Judge Fernando Andreu after translation by the Israeli embassy, show that the Jewish state has not launched any legal procedure concerning a 2002 bombing of Gaza, the sources said.

Andreu agreed last month to pursue a complaint of crimes against humanity against seven senior Israeli military figures over the bombing, sparking strong objections from Israel.

He was acting in line with Spain's assumption of the principle of universal jurisdiction in alleged cases of crimes against humanity, genocide, and terrorism.

" I will do everything possible to get the investigation dismissed "
Israeli defense minister Ehud Barak

But he could only proceed if the alleged crimes are not subject to a legal procedure in the country involved.

The judge now plans to officially notify former Israeli defense minister Benjamin Ben-Eliezer and six senior military officials of the inquiry, and also seek witness testimony from Palestinians, the sources said.

The complaint, filed by the Palestinian Centre for Human Rights, concerns an Israeli air attack on July 22, 2002, on Gaza City which killed a leader of the Islamist movement Hamas, Salah Shehadeh, along with 14 civilians, mainly infants and children.

Some 150 Palestinians were also wounded, according to the allegations.

In accepting the case last month, Andreu said the attack in a densely-populated area "showed signs of constituting a crime against humanity."

Ehud Barak, Israel's current defense minister, has rejected the complaint as "delirious" and said he would do "everything possible to get the investigation dismissed."

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