In a development that is attracting international attention, the Spanish National Court has opened a formal investigation into war crimes and crimes against humanity against Israeli Prime Minister Benjamin Netanyahu, his Foreign Minister Israel Katz, and several high-ranking military commanders. The trigger for this investigation is the controversial attack on the humanitarian vessel “Madleen,” which was carrying aid supplies to Gaza.
Spanish Activist’s Lawsuit Initiates Proceedings
Judge Antonio Piña of Central Court No. 6 decided to open an investigation based on the assessment that the allegations presented are of a criminal nature. The lawsuit was filed on July 3 by Spanish activist Sergio Toribio, the only Spanish citizen aboard the “Madleen” at the time of the incident. He is supported by the Committee of Solidarity with the Arab Cause, acting as a popular prosecutor. Lawyers Jaume Asens and Endika Zulueta are representing the plaintiffs in this sensitive case.
Boarding in International Waters: Serious Allegations Against Israel
The lawsuit accuses Israel of forcibly boarding the “Madleen” on June 1 in international waters, allegedly using the Israeli elite unit Shayetet 13. Particularly serious are the accusations of using drones, firearms, and tear gas against the ship’s crew.
In addition to the violent boarding, the arbitrary arrest, interrogation, and subsequent deportation of the twelve activists on board are also criticized. Among those detained were Toribio, the well-known Swedish climate activist Greta Thunberg, and Sumar candidate for the European Parliament, Rima Hassan. The plaintiffs claim that the detention of the crew members was unlawful and violated their fundamental rights.
Universal Jurisdiction and Cooperation with the ICC
The Spanish judiciary is urged in the complaint to investigate the events based on the principle of universal jurisdiction. This is justified by arguing that the incidents constitute serious violations of international humanitarian law and must be viewed in the context of the ongoing suffering of the Palestinian civilian population in Gaza.
The plaintiffs also demand the issuance of international arrest warrants against those allegedly responsible and close cooperation with the Office of the Prosecutor of the International Criminal Court (ICC). The latter has already requested an arrest warrant against Netanyahu for crimes committed in Gaza. Toribio’s defense emphasized that the case could be referred to or coordinated with the ICC during the proceedings. “Judges in the various countries where there are victims of these events have mechanisms to investigate them,” Asens added.
