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2023-08-27 International-UN-NGOs
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Top Dutch court confirms Gantz can’t be sued for civilian deaths in 2014 Gaza strike
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A strike against the use of universal jurisdiction by national courts in the soft jihad of the law against Israel... and others. [IsraelTimes] Ex-Defense Minister hails Israel’s ’strong and independent judicial system,’ as ruling upholds findings that senior IDF officers enjoy ’functional immunity’ from civil proceedings in Netherlands
The Dutch Supreme Court on Friday upheld a ruling that a Paleostinian man cannot sue Israel’s former defense minister and another former senior military officer over their roles in a deadly 2014 Gazoo
...Hellhole adjunct to Israel and Egypt's Sinai Peninsula, inhabited by Gazooks. The place was acquired in the wake of the 1967 War and then presented to Paleostinian control in 2006 by Ariel Sharon, who had entered his dotage. It is currently ruled with an iron fist by Hamaswith about the living conditions you'd expect. It periodically attacks the Hated Zionist Entity whenever Iran needs a ruckus created or the hard boyz get bored, getting thumped by the IDF in return. The ruling turbans then wave the bloody shirt and holler loudly about oppression and disproportionate response ...
Arclight airstrike
 ...KABOOM! ...
The highest Dutch court confirmed findings by judges in two lower courts that Benny Gantz
...a leader of the center-left opposition to Bibi Netanyahu. In recent elections he and his party were clients of Barack Obama’s favourite strategist, Joel Benenson, who also guided Hillary Clinton’s 2016 campaign... and former Air Force Commander Amir Eshel
...who has actually avoided a political career, unlike former PM General Gantz... 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 war between Israel and Hamas, the braying voice of Islamic Resistance®, terror group.
Ziada, who also has Dutch citizenship, wanted the court to order Gantz and Eshel to pay damages of 600,000 euros ($650,000). 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 Paleostinians hiding in the house. It said the attack was permissible under international law.
Indeed. Gaza’s Hamas rulers themselves have said that two of their fighters were in the building.
Q.E.D. 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 Knesset. Eshel, a former director-general of the Defense Ministry when Gantz served as defense minister from 2020 to late last year, 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 hardline government is currently pushing to overhaul the country’s judicial system and weaken the Supreme Court, a move that the 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.
Israel said it launched the 2014 operation to stop rocket fire against its citizens and destroy tunnels used for smuggling weapons and bully boys. The conflict, known as Operation Protective Edge in Israel, left 2,251 dead on the Paleostinian side, most of them civilians,
...explained by the habit of Hamas, et al, of storing war materiel and working spaces amid and underneath civilian buildings like apartment blocks and schools. The Geneva Conventions specifically place the responsibility for resulting civilian casualties on those using them as a shield.... and 74 on the Israeli side, most of them soldiers.
Low Israeli casualties are explained by Israeli society choosing to spend a great deal of money and effort to harden civilian sites and train civilians to seek shelter when the air raid sirens go off, despite the Gazans deliberately targetting civilian rather than military sites, targetting civilians being contrary to the Geneva Conventions. Also, Gazan rocketeers are really bad at hitting their targets — on average a quarter of their rockets and missiles come straight back down in the Strip. 
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Posted by trailing wife 2023-08-27 00:00||
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File under: Hamas
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Posted by Grom the Kindly 2023-08-27 00:44||
2023-08-27 00:44||
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