Spanish Court to press on with case against Israeli military leaders
Spain is to continue with its probe against top Israeli military officials over a 2002 bombing assassination in Gaza whic killed 15 people.
Seven Israeli officials, including former Defense Minister Benjamin Ben-Eliezer, have been charged with crimes against humanity.
A furore arose last month after news of the proceedings became public. Israel strongly objected to the matter and at one point announced it had gained the support of the Spanish government in promising to terminate proceedings. The government later denied this.
Israel at the time complained the court acting on the lawsuits had not heard its side of the story. The Spanish judge hearing the case responded by saying documents and infomation had been sought from the Israeli government but it had not responded.
Israel countered by saying it was still putting the material together and would provide it soon.
The judge in charge of the case said Friday he had since been provided with the requested information and had reviewed it. As a result he said he had decided the case would proceed.
Spain is only at libety to pursue the officials involved in the controversial assassination if Israel itself did not launch its own proceedings.
Spanish law is based on the assumption of the principle of universal jurisdiction in alleged cases of crimes against humanity, genocide, and terrorism.
But cases can only proceed if the alleged crimes aren't subject to a legal process in the country involved.
Having satisfied himself Israel has not, and does not intend, issuing proceedings, Judge Fernando Andreu says the case in Spain will proceed.
The judge will now officially notify Ben-Eliezer and 6 senior military officials of the inquiry, and will seek witness testimony from Palestinians, sources said.
The complaint, filed by the Palestinian Center for Human Rights, related to an Israeli aerial bombing on July 22, 2002, on Gaza City which killed Hamas leader Salah Shehadeh, along with 14 civilians, mainly infants and children. 150 others were wounded in the attack.
In accepting the case last month, Andreu said the attack in a densely-populated area "showed signs of constituting a crime against humanity."
Ehud Barak, Israel's current defense minister, according to Ynet newsagency, has rejected the complaint as "delirious" and said he would do "everything possible to get the investigation dismissed."
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