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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)
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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.

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Arab World

Many in Gaza are Eating Just Once a Day, as Hunger Spreads amid Aid Issues

An Israeli tank and other military vehicles guard a position as Palestinians flee Khan Yunis, in the southern Gaza Strip, on January 26, 2024, amid ongoing battles between Israel and the Palestinian militant group Hamas.  (Photo by Mahmud Hams / AFP)
An Israeli tank and other military vehicles guard a position as Palestinians flee Khan Yunis, in the southern Gaza Strip, on January 26, 2024, amid ongoing battles between Israel and the Palestinian militant group Hamas.  (Photo by Mahmud Hams / AFP)
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Many in Gaza are Eating Just Once a Day, as Hunger Spreads amid Aid Issues

An Israeli tank and other military vehicles guard a position as Palestinians flee Khan Yunis, in the southern Gaza Strip, on January 26, 2024, amid ongoing battles between Israel and the Palestinian militant group Hamas.  (Photo by Mahmud Hams / AFP)
An Israeli tank and other military vehicles guard a position as Palestinians flee Khan Yunis, in the southern Gaza Strip, on January 26, 2024, amid ongoing battles between Israel and the Palestinian militant group Hamas.  (Photo by Mahmud Hams / AFP)

Yasmin Eid coughs and covers her face, cooking a small pot of lentils over a fire fed with twigs and scrap paper in the tent she shares with her husband and four young daughters in the Gaza Strip.
It was their only meal Wednesday — it was all they could afford.
“My girls suck on their thumbs because of how hungry they are, and I pat their backs until they sleep,” she said.
After being displaced five times, the Eids reside in central Gaza, where aid groups have relatively more access than in the north, which has been largely isolated and heavily destroyed since Israel began waging a renewed offensive against the militant group Hamas in early October. But nearly everyone in Gaza is going hungry these days. In the north experts say a full-blown famine may be underway, The Associated Press said.
On Thursday, the International Criminal Court issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his former defense minister, accusing them of using “starvation as a method of warfare” — charges Israel adamantly denies.
In Deir al-Balah, the Eids are among hundreds of thousands sheltering in squalid tent camps. The local bakeries shut down for five days this week. The price of a bag of bread climbed above $13 by Wednesday, as bread and flour vanished from shelves before more supplies arrived.
The United Nations humanitarian office warned of a “stark increase” in the number of households experiencing severe hunger in central and southern Gaza. It appeared to be linked to the robbery at gunpoint of nearly 100 aid trucks last weekend in southern Gaza, close to Israeli military positions. Israel blamed Hamas but appears to have taken no action to stop the looting, while Hamas said it was the work of local bandits.
Aid groups say the looting is one of many obstacles to getting food and other vital aid to the territory's 2.3 million Palestinians. They also have to contend with Israeli movement restrictions, ongoing fighting, and heavy damage wreaked by the Israeli bombardment of roads and critical infrastructure.
For the Eids, hunger is the daily routine For months, Yasmin and her family have gone to bed hungry.
“Everything has increased in price, and we cannot buy anything," she said. “We always go to sleep without having dinner.”
She misses coffee, but a single packet of Nescafe goes for around $1.30. A kilogram (2 pounds) of onions goes for $10, a medium bottle of cooking oil for $15 — if available. Meat and chicken all but vanished from the markets months ago, but there are still some local vegetables. Such sums are astronomical in an impoverished territory where few people earn regular incomes.
Crowds of hundreds wait hours to get food from charities, which are also struggling.
Hani Almadhoun, co-founder of the Gaza Soup Kitchen, said his teams can offer only small bowls of rice or pasta once a day. He said they “can go to the market on one day and buy something for $5, and then go back in the afternoon to find it doubled or tripled in price.”
Its kitchen in the central town of Zuweida operated on a daily budget of around $500 for much of the war. When the amount of aid entering Gaza plummeted in October, its costs climbed to around $1,300 a day. It can feed about half of the 1,000 families who line up each day.
The sharp decline in aid, and a US ultimatum Israel says it places no limits on the amount of aid entering Gaza and has announced a number of measures it says are aimed at increasing the flow in recent weeks, including the opening of a new crossing. It blames UN agencies for not retrieving it, pointing to hundreds of truckloads languishing on the Gaza side of the border.
But the military's own figures show that the amount of aid entering Gaza plunged to around 1,800 trucks in October, down from over 4,200 the previous month. At the current rate of entry, around 2,400 trucks would come into Gaza in November. Around 500 trucks entered each day before the war.
The UN says less than half the truckloads are actually distributed because of ongoing fighting, Israeli denial of movement requests, and the breakdown of law and order. Hamas-run police have vanished from many areas after being targeted by Israeli airstrikes.
The war started Oct. 7, 2023, when Hamas-led fighters stormed into Israel, killing some 1,200 people, mostly civilians, and abducting around 250. Around 100 hostages are still inside Gaza, at least a third of whom are dead, and Hamas militants have repeatedly regrouped after Israeli operations, carrying out hit-and-run attacks from tunnels and bombed-out buildings.
Israel's retaliatory offensive has killed over 44,000 Palestinians, more than half of them women and children, according to local health authorities, who do not say how many of the dead were fighters.
The United States warned Israel in October that it might be forced to curtail some of its crucial military support if Israel did not rapidly ramp up the amount of aid entering Gaza. But after the 30-day ultimatum expired, the Biden administration declined to take any action, saying there had been some progress.
Israel meanwhile passed legislation severing ties with UNRWA. Israel accuses the agency of allowing itself to be infiltrated by Hamas — allegations denied by the UN.
Israeli news outlets have reported that officials are considering plans for the military to take over aid distribution or contract it out to private security companies. Asked about such plans Wednesday, government spokesman David Mercer said “Israel is looking at many creative solutions to ensure a better future for Gaza.”
Yoav Gallant, the former defense minister who was seen as a voice of moderation in the far-right government before being fired this month, warned on X that handing over aid distribution to a private firm was a “euphemism for the beginning of military rule.”
As that debate plays out in Jerusalem, less than 100 kilometers (60 miles) away from central Gaza, most Palestinians in the territory are focused on staying alive in a war with no end in sight.
“I find it difficult to talk about the suffering we are experiencing. I am ashamed to talk about it,” said Yasmin’s husband, Hani. “What can I tell you? I’m a person who has 21 family members and is unable to provide them with a bag of flour.”