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PALESTINE

Fri 25 Aug 2023 4:43 pm - Jerusalem Time

Netherlands Supreme Court rejects a Dutch-Palestinian request to prosecute a former Israeli minister

Today, Friday, the Dutch Supreme Court rejected a request by a Dutch Palestinian to prosecute a former Israeli minister, who holds him responsible for the killing of six members of his family in a raid on Gaza in 2014.


"The Supreme Court rejects the appeal," the Hague court said in a statement.Thus, the highest judicial authority confirmed the decision of the Court of Appeal, which said that the country's judiciary is not competent to decide the  case.


In 2021, the appeals court said in its decision that the petition related to actions taken by "senior military officials who carried out the official policy of the State of Israel" and who therefore enjoy functional immunity.


Dutch-Palestinian Ismail Ziyada lost six of his family members, including his mother and three brothers, in an Israeli army raid on Al-Bureij Palestinian refugee camp in the Gaza Strip on July 20, 2014.


Because he holds Dutch citizenship, in September 2019 he asked a court in The Hague to open a file in preparation for the trial of Benny Gantz, who was then Chief of Staff of the Israeli forces, in addition to a former commander of the Israeli Air Force, General Amir Eshel, on charges of war crimes. He said that justice cannot be achieved in Israel in this file.He also requested compensation of about 540,000 euros.


Gantz also held the position of Minister of Defense in Israel between 2020 and 2022 and Deputy Prime Minister in 2021 and 2022. Ziadeh resorted to seeking justice in the Netherlands, as he holds its nationality.The Supreme Court ordered him to  pay more than two thousand euros in costs. 

In 2019, the Court of Appeal ordered him to pay more than 3,800 euros in procedural costs. 


Israel launched Operation Protective Edge, which lasted from July 7 to August 26, 2014, to stop rocket fire from the besieged Gaza Strip.


At least 2,251 Palestinians, most of them civilians, and 74 Israelis, most of them soldiers, were killed in this Gaza war.

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Netherlands Supreme Court rejects a Dutch-Palestinian request to prosecute a former Israeli minister