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.



Aid Groups Say Israel Misses US Deadline to Boost Humanitarian Help for Gaza

A driver stands beside a truck part of a World Food Program (WFP) aid convoy passing through the Erez crossing on the border with the northern Gaza Strip, in southern Israel, 11 November 2024. (EPA)
A driver stands beside a truck part of a World Food Program (WFP) aid convoy passing through the Erez crossing on the border with the northern Gaza Strip, in southern Israel, 11 November 2024. (EPA)
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Aid Groups Say Israel Misses US Deadline to Boost Humanitarian Help for Gaza

A driver stands beside a truck part of a World Food Program (WFP) aid convoy passing through the Erez crossing on the border with the northern Gaza Strip, in southern Israel, 11 November 2024. (EPA)
A driver stands beside a truck part of a World Food Program (WFP) aid convoy passing through the Erez crossing on the border with the northern Gaza Strip, in southern Israel, 11 November 2024. (EPA)

Israel has failed to meet US demands to allow greater humanitarian access to the Gaza Strip, where conditions are worse than at any point in the 13-month-old war, international aid organizations said Tuesday.

The Biden administration last month called on Israel to "surge" more food and other emergency aid into Gaza, giving it a 30-day deadline that was expiring Tuesday. It warned that failure to comply could trigger US laws requiring it to scale back military support as Israel wages offensives against Hamas in Gaza and Hezbollah in Lebanon.

Israel has announced a series of steps toward improving the situation. But US officials recently signaled that Israel still isn’t doing enough, though they haven't said if they will take any action against it.

Israel’s new foreign minister, Gideon Saar, appeared to downplay the deadline, telling reporters on Monday that he was confident "the issue would be solved." The Biden administration may have less leverage after the reelection of Donald Trump, who was a staunch supporter of Israel in his first term.

Tuesday's report, authored by eight international aid organizations, listed 19 measures of compliance with the US demands. It said that Israel had failed to comply with 15 and only partially complied with four.

An Oct. 13 letter signed by US Secretary of State Antony Blinken and Defense Secretary Lloyd Austin called on Israel to, among other things, allow a minimum of 350 truckloads of goods to enter Gaza each day; open a fifth crossing into the besieged territory; allow people in Israeli-imposed coastal tent camps to move inland before the winter; and ensure access for aid groups to hard-hit northern Gaza. It also called on Israel to halt legislation that would hinder the operations of the UN agency for Palestinian refugees, known as UNRWA.

Despite Israeli steps to increase the flow of aid, levels remain far below the US benchmarks. The promised fifth crossing was set to open Tuesday, but residents remain crammed in the tent camps and access for aid workers to northern Gaza remains restricted. Israel also has pressed ahead with its laws against UNRWA.

"Israel not only failed to meet the US criteria that would indicate support to the humanitarian response, but concurrently took actions that dramatically worsened the situation on the ground, particularly in Northern Gaza," the report said. "That situation is in an even more dire state today than a month ago."

The report was co-signed by Anera, Care, MedGlobal, Mercy Corps, the Norwegian Refugee Council, Oxfam, Refugees International and Save the Children.

US State Department spokesman Matthew Miller said last week that Israel had made some progress, but needs to do more to meet the US conditions.

"What's important when you see all of these steps taken is what that means for the results," he said.

Israel launched a major offensive last month in northern Gaza, where it says Hamas fighters had regrouped. The operation has killed hundreds of people and displaced tens of thousands. Israel has allowed almost no aid to enter the area, where tens of thousands of civilians have stayed despite evacuation orders.

Aid to Gaza plummeted in October, when just 34,000 tons of food entered, or less than half the previous month, according to Israeli data.

UN agencies say even less actually gets through because of Israeli restrictions, ongoing fighting and lawlessness that makes it difficult to collect and distribute aid on the Gaza side.

In October, 57 trucks a day entered Gaza on average, according to Israeli figures, and 81 a day in the first week of November. The UN puts the number lower, at 37 trucks daily since the beginning of October.

COGAT, the Israeli military body in charge of humanitarian aid to Gaza, said that the drop in the number of aid trucks in October was because of closures of the crossings for the Jewish high holidays and memorials marking the anniversary of the Oct. 7, 2023, Hamas attack that triggered the war.

"October was a very weak month," an Israeli official said on condition of anonymity in line with military briefing rules. "But if you look at the November numbers, we are holding steady at around 50 trucks per day to northern Gaza and 150 per day to the rest of Gaza."

Aid distribution is also being hampered by the UN and other agencies' failure to collect aid that entered Gaza, leading to bottlenecks, and looting from Hamas and organized crime families in Gaza, he said. He estimated as much as 40% of aid is stolen on some days.

Israel on Monday announced a small expansion of its coastal "humanitarian zone," where hundreds of thousands of Palestinians have sought shelter in sprawling tent camps. It also has announced additional steps, including connecting electricity for a desalination plant in the central Gaza town of Deir al Balah, and efforts to bring in supplies for the winter.

On Tuesday, COGAT announced a "tactical" delivery of food and water to Beit Hanoun, one of the hardest-hit towns in northern Gaza. Also on Monday night, the Israeli security Cabinet approved increased aid for Gaza, which will increase the number of trucks that enter Gaza each day, according to an official familiar with the matter.

The war began last year when Hamas-led gunmen stormed into southern Israel, killing around 1,200 people, mostly civilians, and abducting around 250 people. Around 100 hostages are still inside Gaza, a third of whom are believed to be dead.

Israel's bombardment and ground invasion have killed more than 43,000 Palestinians, more than half of them women and children, according to local health authorities, who don't say how many of those killed were fighters. Around 90% of the population has been displaced, often multiple times, and hundreds of thousands are packed into squalid tent camps, with little food, water or hygiene facilities.

The United States has rushed billions of dollars in military aid to Israel during the war and has shielded it from international calls for a ceasefire, while pressing it to allow more humanitarian aid into Gaza. The amount of aid entering Gaza increased under US pressure last spring after Israeli strikes killed seven aid workers before dwindling again.

Trump has promised to end the wars in the Middle East without saying how. He was a staunch defender of Israel during his previous term, and Israeli Prime Minister Benjamin Netanyahu says they have spoken three times since his reelection last week.

Israeli President Isaac Herzog, whose role is mostly ceremonial, is scheduled to meet with US President Joe Biden on Tuesday.

Former US State Department official Charles Blaha, who ran the office in charge of ensuring that US military support complies with US and international law, predicted the Biden administration would find that Israel violated US law by blocking humanitarian aid from reaching Palestinians in Gaza.

"It’s undeniable that Israel has done that," Blaha said. "They would really have to torture themselves to find that Israel hasn’t restricted ... assistance."

But he said that the administration would likely cite US national security interests and waive restrictions on military support.

"If the past is prologue — no restrictions, and then kick the can down the road to the next administration."