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Official Report by Israel on factual and international legal issues relating to the military operation undertaken by the Israel Defence Forces (“IDF”) in Gaza in December 2008 - January 2009 (the “Gaza Operation”). (see pdf below) On the basis of universal jurisdiction, national courts in third states have been dealing with alleged violations of IHL committed by Israeli officials. 7 Israeli offcials, 2009 A Spanish judge issued a writ on 29 January 2009 stating that he was investigating seven Israelis for possible crimes against humanity for a 2002 air strike in Gaza that killed 15 Palestinians, including a leading Hamas member - Salah Shadeh - and nine children. Judge Fernando Andreu called this attack "disproportionate and excessive". The allegations (the original text in Spanish is in a pdf file below)- On 22nd July 2002, between 23.30 and 24.00 hours, an Israeli F16 fighter plane dropped a one ton bomb on the Al Daraj neighbourhood of Gaza City. The main target of this attack was the home of Saleh Shehadeh, who was suspected of being a Hamas commander, the mission’s objective therefore being his assassination. Situated near to Mr Shehadeh’s home was the home of Mr Mattar’s family. The two houses were less than 2 metres apart. As a result of the bombing, his house was totally destroyed and seven members of his family were killed, as well as seven other civilians.
The ivestigation was open against:
1. Dan Halutz, who at the time of the attack was the commander of the Israeli Air Forces 2. Benjamín Ben-Eliezer, then Minister of Defence
3. Doron Almog, GOC (General Commander) of the South Division of the Israeli Defence Forces (IDF) between 8th December 2000 and 7th July 2003.
4. Giora Eiland, Head of the National Security Council and National Security Advisor from 18th January 2002 until the end of May 2006.
5. Michael Herzog, Military Secretary to the Israeli Defence Minister from 2001 to 2004.
6. Moshe Ya´alon, Chief of Staff of the IDF from 9th July 2002 until 1st June 2005.
7. Avraham Dichter, then the Director of the General Security Service (GSS). PM Sharon and General Yaron, 2001 Based on the 1993 Act concerning Punishment for Grave Breaches of International Humanitarian Law a complained was filed in 2001 against then PM Ariel Sharon and General Yaron for war crimes committed in Sabra and Shatila in 1982. Following the ICJ decision in the Arrest Warrant case (2002) and international political pressure, the Belgium Parliament amended the law in August 2003, requiring stronger ties with Belgium and compatibility with the international law on immunities. In the Court of Cassation ruling of February 12, 2003 the court dismissed the case against Sharon based on his immunity as PM. Then, the Cour de Cassation in its ruling 24 Septembre 2003 dismissed the case against General Yaron, due to the new law on universal jurisdiction For further information see Trial.
Based on the Geneva Conventions Act of 1957 two complaints were filed. In the Application for Arrest Warrant Against General Shaul Mofaz, although the Bow Street Magistrates' Court’s Judge stated that “the extensive evidence of witnesses supplied to me, together with relevant reports (…) could certainly amount to ‘grave breaches’” he declined to issue an arrest warrant on the basis of Shaoul Mofaz immunity as defence minister. In Sept 2005, Judge Timothy Workman in London issued the first arrest warrant against an Israeli official suspected of having committed grave breaches of the Geneva Conventions. M. Almog landed in Heathrow airport, but did not leave the plane, due to information he received, and went back to Israel before being arrested. Metropolitan Police Service, internal investigation on the failure to arrest Almog, 18 July 2007 Ami Ayalon, October 2008 (former head of the General Security Services) Based on the International Crimes Act of June 19 of 2003 an application for an arrest warrant against Ami Ayalon, minister without portfolio, was filed in October 2008 for torture. By the time the prosecution sought to established whether or not he enjoyed immunity, Mr. Ayalon left the Netherlands. Press release of the Palestinian Centre for Human Rights
The Winograd Report The Winograd Committee was appointed by the Israeli government in September 2006 to examine the events during 34 days of the second war in Lebanon (July-Aug 2006). Final report of the Commission of Inquiry into the events of military engagement in Lebanon 2006, 30 January 2008. (The "Winograd Report" in Hebrew) Chapter 14 of the "Winograd Report" in English (non-official ICRC translation - Summary of the Opinion Concerning Unauthorised Outposts, Talya Sasson, Ministry of Justice, 10 March 2005. See also : OCHA-OPT, The Humanitarian Impact on Palestinians of Israeli Settlements and Other Infrastructure in the West Bank, July 2007.
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