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.



Egypt, Somalia Hold Talks to Boost Cooperation in Horn of Africa

Egyptian Foreign Minister Badr Abdelatty with his Somali counterpart Ahmed Moalim Fiqi in Riyadh. (Egyptian Foreign Ministry)
Egyptian Foreign Minister Badr Abdelatty with his Somali counterpart Ahmed Moalim Fiqi in Riyadh. (Egyptian Foreign Ministry)
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Egypt, Somalia Hold Talks to Boost Cooperation in Horn of Africa

Egyptian Foreign Minister Badr Abdelatty with his Somali counterpart Ahmed Moalim Fiqi in Riyadh. (Egyptian Foreign Ministry)
Egyptian Foreign Minister Badr Abdelatty with his Somali counterpart Ahmed Moalim Fiqi in Riyadh. (Egyptian Foreign Ministry)

Egypt and Somalia held new consultations on Monday as part of their high-level coordination that started early this year after Addis Ababa signed a deal with the breakaway Somaliland region, allowing it access to the Red Sea for trade and military purposes.

Egyptian Foreign Minister Badr Abdelatty met with his Somali counterpart Ahmed Moalim Fiqi in Riyadh on the sidelines of the Extraordinary Arab and Islamic Summit.

The meeting came to affirm Egypt’s contribution to the new peacekeeping mission in Somalia (AUSSOM), which will replace the current African Union mission by January 2025.

It also came two days after Mogadishu excluded Addis Ababa from the mission due to its violations against Somalia's sovereignty and territorial integrity.

Experts told Asharq Al-Awsat that consultations in Riyadh between the two ministers are a continuation of the process of strengthening Egyptian-Somali cooperation in the Horn of Africa in light of the rising risks both countries currently face due to Ethiopia’s behavior that threatens regional stability.

They noted that such cooperation would be fruitful for the region and could expand to include Eritrea and other countries, something Addis Ababa will consider a threat.

The experts expect Ethiopia either to retract its illegal positions regarding the Renaissance Dam and its deal with the Somaliland region, or cause additional escalation and tension in the region.

Last January, Ethiopia signed an initial agreement with Somalia's breakaway region of Somaliland to use its Red Sea port.

The MoU grants Ethiopia 20-km access to the Red Sea, specifically in the Berbera port, for a 50-year period.

In return, Ethiopia will recognize Somaliland as a republic, which has not been internationally recognized since it broke away from Somalia in 1991.

The port deal with Somaliland faced opposition from Egypt and other Arab nations.

It also sparked tighter relations between Egypt and Somalia. In August, Egyptian President Abdel Fattah al-Sisi and Somali President Hassan Sheikh Mohamud signed a military cooperation agreement in Cairo.

Later that month, Somalia announced the arrival of Egyptian military equipment and personnel in Mogadishu in the fight against the Al Shabab terrorist group.

On Saturday, Somali Defense Minister Abdulkadir Mohamed Nur officially announced that the Ethiopian troops will not be part of the forthcoming AUSSOM. He said Ethiopia was excluded due to its “violations against Somalia’s sovereignty and territorial integrity.”

During his meeting on Monday with the Somali FM, Abdelatty reiterated Egypt’s unwavering stance in supporting Somalia’s sovereignty and territorial integrity, rejecting any foreign interference in its internal affairs, according to an Egyptian FM statement released on Tuesday.

He confirmed his country’s participation in the peacekeeping forces in Mogadishu and strengthening cooperation with Eritrea in the region.

The FM expressed Cairo’s commitment to continue coordinating with his Somali counterpart to follow up on the pledge made by the leaders of Egypt and Eritrea in early October to provide comprehensive support to Somalia.

Abdelatty reiterated Egypt’s support for the Somali federal government’s efforts to combat terrorism and uphold the state’s sovereignty over its entire territory.

For his part, Fiqi expressed deep appreciation for Egypt’s unwavering support in helping his country combat terrorism, assert its sovereignty, and uphold its unity and territorial integrity.

Ambassador Salah Halima, Former Assistant Minister for Sudan's affairs in Egypt, told Asharq Al-Awsat that the Egyptian assurances are part of both countries’ efforts to strengthen cooperation.

“This growing partnership, that also involves Eritrea, may expand to include other countries and would achieve development and stability in the region,” Halima said. “But Ethiopia, with its hostile actions towards Egypt and Somalia, will be the cause of continued escalation and tension,” he warned.

Sudanese expert on African affairs Abdul Nasser Haj said the current Egyptian-Somali understandings are completely consistent with events happening in the Horn of Africa region, especially Ethiopia’s escalating acts concerning the Renaissance Dam and its port deal with Somaliland.