Ref: 05/2009

Date: 10 May 2009

Now Available: English Translation of Spanish National Court Judgment to Continue Investigating Suspected Israeli War Criminals  

The Palestinian Centre for Human Rights (PCHR) have published an English language version of Judge Andreu’s 4 May, 2009, decision continue the investigation into the events surrounding the al-Daraj bombing of July 2002. This attack resulted in the deaths of 16 Palestinians, including 14 civilians. The decision represents a major step towards achieving justice for victims. It opens the door for accountability, whereby suspected Israeli war criminals may be held responsible for the suffering they have inflicted on the Gazan people.

The Spanish Court explicitly rejected the arguments of the Spanish Prosecutor and the State of Israel, claiming that Israel had adequately investigated the crime. The judge has confirmed that this position is incorrect, and contrary to the rule of law. The Court ruled that, in view of the status of Gaza as an occupied territory (i.e. not part of Israel), Spanish criminal law does not accord Israel primary jurisdiction over suspected Israeli war criminals

The English language judgment is available at:

The  English version of the judgment is available here.

For further information, please see PCHR’s press release, available here.