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.



Israel Pounds Central Beirut, Suburbs after Major Evacuation Warnings

A damaged building is pictured through the wreckage of a vehicle, in the aftermath of Israeli strikes on Beirut's southern suburbs, amid the ongoing hostilities between Hezbollah and Israeli forces, Lebanon November 26, 2024. REUTERS/Mohammed Yassin
A damaged building is pictured through the wreckage of a vehicle, in the aftermath of Israeli strikes on Beirut's southern suburbs, amid the ongoing hostilities between Hezbollah and Israeli forces, Lebanon November 26, 2024. REUTERS/Mohammed Yassin
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Israel Pounds Central Beirut, Suburbs after Major Evacuation Warnings

A damaged building is pictured through the wreckage of a vehicle, in the aftermath of Israeli strikes on Beirut's southern suburbs, amid the ongoing hostilities between Hezbollah and Israeli forces, Lebanon November 26, 2024. REUTERS/Mohammed Yassin
A damaged building is pictured through the wreckage of a vehicle, in the aftermath of Israeli strikes on Beirut's southern suburbs, amid the ongoing hostilities between Hezbollah and Israeli forces, Lebanon November 26, 2024. REUTERS/Mohammed Yassin

Israel mounted waves of pounding airstrikes in Beirut on Tuesday as its security cabinet discussed a ceasefire deal in Lebanon with its Hezbollah foes that could take effect as soon as Wednesday.

A senior Israeli official and Lebanese caretaker Foreign Minister Abdallah Bou Habib appeared optimistic a deal could be reached, clearing the way for an end to a conflict that has killed thousands of people since it was ignited by the Gaza war last year.

Despite the possibility of an imminent diplomatic breakthrough, hostilities raged as Israel sharply ramped up its campaign of air strikes in Beirut and other parts of Lebanon, with health authorities reporting at least 18 killed.

Israeli warplanes launched repeated strikes across Beirut throughout Tuesday, mostly in the southern suburbs that are a stronghold for Iran-backed Hezbollah.

A single cluster of strikes in Beirut that Israel's military said included attacks on 20 targets in just 120 seconds killed at least seven people and injured 37, Lebanon's health ministry said.

Israel also gave advance notice for the first time of strikes in the central Beirut area, a significant escalation of its campaign in the capital that sparked panic among residents with some fleeing north.

Strikes also targeted Tyre, in the south, and Baalbek, in the east.

Israeli military spokesperson Avichay Adraee said the air force was conducting a "widespread attack" on Hezbollah targets across the city.

Hezbollah has kept up rocket fire into Israel and has previously said it would respond to attacks on central Beirut by firing rockets at Tel Aviv. Sirens sounded in northern Israel and the Israeli military said five projectiles were identified coming from Lebanon.

Hezbollah launched some 250 rockets on Sunday in one of its heaviest barrages yet. The northern Israeli city of Nahariya came under more rocket fire overnight.

‘Dangerous hours’

A Hezbollah parliament member in Lebanon, Hassan Fadlallah, said the country faced "dangerous, sensitive hours" during the wait for a possible ceasefire announcement.

With Israel's security cabinet meeting to discuss the deal, which a senior Israeli official had said was likely to be approved, Prime Minister Benjamin Netanyahu's office said he would speak on Tuesday evening at 8 pm (1800 GMT). A government official said the cabinet meeting had started.

Israeli approval of the deal would pave the way for a ceasefire declaration by US President Joe Biden and French President Emmanuel Macron, four senior Lebanese sources told Reuters on Monday.

The ceasefire could come into effect on Wednesday morning, triggering a 60-day truce, a Western diplomat said.

However, there was no indication that a truce in Lebanon would hasten a ceasefire and hostage-release deal in devastated Gaza, where Israel is battling Palestinian group Hamas.

The agreement requires Israeli troops to withdraw from south Lebanon and Lebanon's army to deploy in the region, officials say. Hezbollah would end its armed presence along the border south of the Litani River.

Bou Habib said the Lebanese army would be ready to have at least 5,000 troops deployed in southern Lebanon as Israeli troops withdraw, and that the United States could play a role in rebuilding infrastructure destroyed by Israeli strikes.

Israel demands effective UN enforcement of an eventual ceasefire with Lebanon and will show "zero tolerance" toward any infraction, Defense Minister Israel Katz said on Tuesday.