Spain: Judge Andreu continues his investigation on Israeli crimes against humanity

The Spanish judge Fernando Andreu decided Monday against the advice of prosecutors, to pursue his investigation for ...crimes against humanity... against Israeli soldiers allegedly responsible for a deadly bombing in Gaza in 2002, citing lack of investigation in Israel.

•     The judge argues that Israel has not investigated the facts and that even if this were the case, it does not deprive the Spanish justice of its legal competence, according to a report to which the press had access.
  
      The Spanish prosecution had claimed on 2 April the provisional classification of the complaint at the origin of this investigation, which opened in late January and had caused anger in Israel and the embarrassment of the Spanish government, anxious to play an active diplomatic role for peace in the Middle East.
  
      The Spanish investigation is based on a complaint by the Palestinian Centre for Human Rights condemning an Israeli air strike that killed a Hamas leader, Salah Chehadeh and 14 Palestinian civilians, children and babies, on the 22 July 2002.
  
      Some 150 Palestinians were injured during this attack, with the explosion of a one tonne bomb dropped by an Israel F-16 on Gaza on a house in the Al Daraj neighbourhood.
  
      The complaint seeks the former Israeli Minister of Defense Benjamin Ben-Eliezer and six senior Israeli military.
  
      The prosecution should logically appeal the judge's decision with which he opposed on the scope of universal jurisdiction which recognized that since 2005 the Spanish justice system to investigate crimes against humanity, genocide, torture or terrorism around the world.
  
      The recognition of this has created diplomatic unpleasantness with Spain, Israel, the United States, China and Rwanda, prompting prosecutors to promote a more strictly limited.
  
      The public ministry insists on the fact that Spanish jurisdiction exists only if the events referred to are not or have not been subject of any criminal investigation in the country where they were committed.
  
      They have mentioned on 2 April the existence of an investigation by the Israeli military prosecution on the bombing of Ghaza calling for the classification of the Spanish case, holding that the reason is elementary to give priority to the jurisdiction of the State where the crime was committed.
  
      Judge Andreu denies this analysis. No criminal investigation, which could give rise to a conflict of jurisdiction, has occurred so far in Israel, he argued.
  
      He notes that Israeli military prosecutors, joined by the Prosecutor General of Israel, decided on the findings of the security services of the army not to initiate a criminal investigation and that the Israeli Supreme Court has not assessed the legal allegations.
  
      Judge Andreu also denies that the existence of an investigation into Israel to deprive the Spanish judiciary of its jurisdiction.
  
      Based on Article 146 of the 4th Geneva Convention (1949) which states: “Each Contracting Party shall have the obligation to search for persons alleged to have committed or have ordered the commission of one or another such serious breaches, and shall refer to its own courts, regardless of their nationality.
  
      
      
  Ennaharonline / AFP