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.



UN Rights Chief ‘Gravely Concerned’ by Lebanon Escalation

Smoke billows above Beirut’s southern suburbs following an Israeli airstrike on November 26, 2024, amid the ongoing war between Israel and Hezbollah. (AFP)
Smoke billows above Beirut’s southern suburbs following an Israeli airstrike on November 26, 2024, amid the ongoing war between Israel and Hezbollah. (AFP)
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UN Rights Chief ‘Gravely Concerned’ by Lebanon Escalation

Smoke billows above Beirut’s southern suburbs following an Israeli airstrike on November 26, 2024, amid the ongoing war between Israel and Hezbollah. (AFP)
Smoke billows above Beirut’s southern suburbs following an Israeli airstrike on November 26, 2024, amid the ongoing war between Israel and Hezbollah. (AFP)

The UN rights chief on Tuesday voiced concern about the escalation of hostilities in Lebanon, where his office said nearly 100 people had been reported killed by Israeli airstrikes in recent days, including women, children and medics.

Israel has been locked in fighting with Lebanese armed group Hezbollah since Oct. 2023, and fighting has escalated dramatically since late September of this year.

"UN Human Rights Chief Volker Turk is gravely concerned by the escalation in Lebanon with at least 97 people reportedly killed in Israeli airstrikes between the 22nd and 24th of November," Jeremy Laurence, a spokesperson for the Office of the High Commissioner of Human Rights, told a Geneva press briefing.

He said that at least seven paramedics had been reported killed in three Israeli strikes in the south of Lebanon on Nov. 22-23, adding to 226 healthcare worker deaths since Oct. 7, 2023. He did not specify how many of the recent deaths had been verified by UN human rights monitors.

Israel says it targets military capabilities in Lebanon and Gaza and takes steps to mitigate the risk of harm to civilians. It accuses Hezbollah, like Hamas, of hiding among civilians, which they deny.