THE HAGUE - A Dutch district court on Wednesday threw out a case alleging war crimes against White & White leader Benny Gantz brought by a Dutch Palestinian who lost six relatives in an Israeli air strike on Gaza in 2014, saying it did not have jurisdiction.
Gantz was IDF chief of staff at the time of the conflict.
The civil case for damages was filed referring to universal jurisdiction rules by claimant Ismail Ziada.
Judicial authorities in countries that recognize universal jurisdiction for serious offences such as war crimes and torture can investigate and prosecute those crimes no matter where they were committed.
"A Dutch judge is not competent to rule on the case of the claimant," presiding Judge Larisa Alwin said, explaining that universal jurisdiction could be applied for individual criminal responsibility but not in a civil case.
In civil cases in national courts, Gantz enjoys immunity from prosecution due to his government function at the time of the alleged crimes, Alwin said.
A career soldier, Gantz was chief of staff from 2011 until his retirement in 2015.
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An IAF airstrike in the Gaza Strip during the 2014 Operation Protective Edge
(Photo: Reuters)
About 2,200 Palestinians are estimated to have been killed, up to 1,500 of them civilians during the conflict. On the Israeli side, 67 soldiers were killed and five civilians. The low Israeli death toll is due to its defensive capabilities in the face of massive rocket fire from Gaza.
Ziada was trying to claim damages for his family's home in the Gaza Strip, which was bombed in a June 2014 airstrike that killed his mother, three brothers, a sister-in-law and his 12-year old nephew.
Besides Gantz, he also sought the possibility of getting damages from the former commander of the Israeli Air Force, Amir Eshel, who is now Gantz's political adviser.
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Benny Gantz and Amir Eshel during their time in the IDF
(Photo: IDF Spokespersons' Unit)
Ziada told reporters he was very disappointed with the verdict but said he would fight on.
"Israel still enjoys impunity, everybody sees that and then the only opportunity to get justice is denied. This is unacceptable to me," he said.
He is expected to appeal but said he would study the ruling before making a final decision.
Gantz is the main rival to Prime Minister Benjamin Netanyahu in the March 2 election, Israel's third in less than a year after inconclusive ballots in April and September last year.