Dutch court rejects war crimes charges against Benny Gantz

District court in The Netherlands rejects petition to try Israeli MK and former IDF chief of staff on war crimes charges.

Arutz Sheva Staff ,

Benny Gantz at Kiryat Ono event, August 7th, 2019
Benny Gantz at Kiryat Ono event, August 7th, 2019
Flash90

Israeli MK and former IDF chief of staff Benny Gantz will not face war crimes charges in The Netherlands, after a Dutch court rejected a petition to try the former Israeli general for alleged incidents in the Gaza Strip.

Judge Larisa Alwin ruled Wednesday morning that the Dutch district court which had been petitioned by Ismail Ziada, who holds Dutch citizenship, to take up the case lacked the jurisdiction to rule in the matter.

“A Dutch judge is not competent to rule on the case of the claimant,” Judge Alwin said, adding that Gantz also enjoys immunity from prosecution, due to his position at the time of the alleged war crimes.

"This form of immunity, a legal concept in customary international law derived from state immunity, applies to acts carried out in the performance of a public duty," she said.

"The air strike in the Gaza Strip, in which six of the claimant's relatives were killed, is an example of an act carried out in the performance of a public duty."

Ziada, a Gazan with Dutch citizenship, had filed a civil suit against Gantz, suing for roughly $650,000 in damages over Israel’s actions during the 2014 Gaza war. Ziada claimed that the Israel Air Force, the command of then IDF chief of staff Benny Gantz and IAF chief Amir Eshel, had wrongfully killed six members of Ziada’s family.




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