Dutch Supreme Court Confirms Immunity of Former Israeli Officers over a Deadly 2014 Gaza Airstrike

Israeli Defense Minister Benny Gantz, speaks during a joint press conference with his Greek counterpart Nikos Panagiotopoulos, at the Greek Ministry of Defence, in Athens, Greece, Friday, Nov. 18, 2022. (AP)
Israeli Defense Minister Benny Gantz, speaks during a joint press conference with his Greek counterpart Nikos Panagiotopoulos, at the Greek Ministry of Defence, in Athens, Greece, Friday, Nov. 18, 2022. (AP)
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Dutch Supreme Court Confirms Immunity of Former Israeli Officers over a Deadly 2014 Gaza Airstrike

Israeli Defense Minister Benny Gantz, speaks during a joint press conference with his Greek counterpart Nikos Panagiotopoulos, at the Greek Ministry of Defence, in Athens, Greece, Friday, Nov. 18, 2022. (AP)
Israeli Defense Minister Benny Gantz, speaks during a joint press conference with his Greek counterpart Nikos Panagiotopoulos, at the Greek Ministry of Defence, in Athens, Greece, Friday, Nov. 18, 2022. (AP)

The Dutch Supreme Court on Friday upheld a ruling that a Palestinian man cannot sue Israel's former defense minister and another former senior military officer over their roles in a deadly 2014 Gaza airstrike.

The highest Dutch court confirmed findings by judges in two lower courts that Benny Gantz and former Air Force Commander Amir Eshel are protected from civil proceedings in the Netherlands because they have “functional immunity.”

The long-running case was brought by Ismail Ziada, who lost six members of his family in the airstrike that lawyers for the two Israelis argued was part of an Israeli military operation during the 2014 Gaza conflict.

Ziada wanted the Dutch court to order Gantz and Eshel to pay damages. His legal team argued that the men didn’t have immunity because their actions amounted to war crimes.

In a written reaction, Ziada said he was “disappointed and angered” by the Supreme Court ruling and is considering appealing to the European Court of Human Rights.

“The Court has once again chosen to put politics over people and blocked access to justice. Today’s ruling only deepens the injustice we have suffered,” he added.

Israel’s Justice Ministry told a lower Dutch court that an internal Israeli military investigation determined the airstrike had killed four militants hiding in the house. It said the attack was permissible under international law. Gaza’s Hamas rulers themselves have said that two militants were in the building.

Gantz thanked his country's justice and foreign ministries for leading “the push that led to the dismissal of the lawsuit against me and against the former Air Force Commander Major General (ret.) Amir Eshel in the Netherlands.”

Gantz — who was military chief of staff at the time of the airstrike in Gaza — and Eshel had immunity because they were carrying out Israeli government policies, Dutch courts in The Hague ruled. The Supreme Court agreed in a short written ruling issued Friday.

Gantz is now head of the centrist opposition party National Unity in the Israeli Knesset. Eshel, a former director general of the Defense Ministry, was named this month as a senior fellow at the hawkish Washington-based Foundation for Defense of Democracies.

Gantz welcomed the dismissal of the lawsuit, crediting what he described as Israel’s “strong and independent judicial system” that protects Israeli soldiers and commanders “even in front of international courts.”

Prime Minister Benjamin Netanyahu’s conservative government is currently pushing to overhaul the country’s judicial system and weaken the Supreme Court, a move that the Israeli security establishment has worried could render the country more vulnerable to international prosecution.

“As the system protects us — it is our duty to protect it and preserve its strength and independence,” Gantz said.



Half of Yemen’s Population Face Mounting Risks from Climate Change

Al-Garehi Al-Gharbi camp in the Abs district of north-west Yemen. (Norwegian Refugee Council)
Al-Garehi Al-Gharbi camp in the Abs district of north-west Yemen. (Norwegian Refugee Council)
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Half of Yemen’s Population Face Mounting Risks from Climate Change

Al-Garehi Al-Gharbi camp in the Abs district of north-west Yemen. (Norwegian Refugee Council)
Al-Garehi Al-Gharbi camp in the Abs district of north-west Yemen. (Norwegian Refugee Council)

Already suffering from a prolonged conflict as a result of the Houthi coup against the legitimate authority, Yemen is facing mounting risks brought on by climate change, the World Bank warned on Thursday.
Many populations are facing threats from climate change, such as extreme heat, drought, and floods, the WB said in its newly released Yemen Country Climate and Development Report (CCDR).
Stephane Guimbert, World Bank Country Director for Egypt, Yemen and Djibouti said that Yemen is facing an unprecedented convergence of crises — conflict, climate change, and poverty.
He called for immediate and decisive action on climate resilience, a matter of survival for millions of Yemenis.
“By investing in water security, climate-smart agriculture, and renewable energy, Yemen can safeguard human capital, build resilience and lay the foundations for a path to sustainable recovery,” he said.
The WB report said half of Yemenis are already exposed to at least one climate hazard — extreme heat, drought, or flooding — with compounding effects on food insecurity and poverty.
These risks, it showed, are expected to intensify without immediate action and Yemen’s annual GDP could decline by an average of 3.9% by 2040 under pessimistic climate scenarios, largely due to decreased agricultural productivity and infrastructure damage.
Navigating Challenges
Despite these challenges, the CCDR identifies strategic opportunities to strengthen resilience, improve food and water security, and unlock sustainable growth, the WB report noted.
For example, it said, targeted investments in water storage and groundwater management, coupled with adaptive agriculture techniques could lead to productivity gains of up to 13.5% in crop production under optimistic climate scenarios for the period of 2041 to 2050.
The report also spoke about risks to the fisheries sector, considered as a critical source of livelihood for many Yemenis.
Its projections indicate a potential decline of up to 23% in fish stocks due to rising sea temperatures and altered marine ecosystems.

The WB report also said that climate change exacerbates existing health challenges in Yemen, leading to increased healthcare costs and strain on already fragile health systems.
“It is projected that climate-related health issues could cost the country over $5 billion in excess health costs by 2050,” it noted.
“Addressing these challenges requires integrating climate resilience into public health planning, with a focus on vulnerable groups such as women and children.”
Concerning infrastructure, the report said urban areas and critical infrastructure are especially vulnerable, and without adaptation measures, economic shocks will disproportionately affect already fragile communities.
As for the private sector, it has a critical role to play in addressing Yemen’s pressing development challenges, said Khawaja Aftab Ahmed, IFC’s Regional Director for the Middle East.
“Harnessing its potential through innovative financing mechanisms and guarantee instruments and creating a conducive investment climate can help mobilize the climate-focused funding the country urgently needs to build a greener and more resilient future,” he said.
The WB report also said that Yemen also has immense potential for renewable energy, which could serve as a key component of its climate response and recovery.
It showed that harnessing renewable energy resources not only offers a pathway to reduce reliance on fossil fuels but also enables the creation of a more resilient power infrastructure.
“This will be essential in supporting vital services such as healthcare, water supply, and food distribution, particularly in conflict-affected areas,” it said.
Global Coordination
The World Bank highlighted the significant commitments and coordination from the international community to support Yemen in coping with climate shocks and building broader resilience.
It said securing sustainable peace will be required to unlock the financing and take the action needed to build long-term resilience to climate change.
The CCDR then underscored the importance of flexible, risk-informed decision-making to adapt climate actions to Yemen's uncertain political landscape.
Under a “Peace and Prosperity” scenario, it said, a higher level of adaptation can be implemented, yielding greater economic and social benefits.
Yemeni Minister of Water and Environment, Tawfiq Al-Sharjabi, stressed the importance of integrating climate action into development strategies and adapting to climate fluctuations.
The minister was speaking at a special session to discuss the WB report on the sidelines of the 29th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP29) held in Baku, Azerbaijan.
He said the report represents a significant contribution for Yemen in addressing climate change and will facilitate access to various climate financing options amid the structural and technical fragility faced by institutions due to the war.
The report, Al-Sharjabi added, aligns closely with Yemen's urgent priorities, particularly in the areas of water and food security, enhancing livelihoods, and promoting area-based climate adaptation approaches.