New "War Crimes" Lawfare

Soeren Kern
Hudson New York
04 August '10

Three Spanish activists who were on board the Gaza aid ships that were raided by Israeli commandos on May 31 have filed a lawsuit against Israeli Prime Minister Benyamin Netanyahu, six members of his cabinet and a senior military officer for war crimes and crimes against humanity. The lawsuit is the second attempt by pro-Palestinian activists to prosecute Israeli political and military leaders in Spanish courts by using the legal concept of universal jurisdiction.

Laura Arau, David Segarra and Manuel Espinar Tapial, three Spaniards who were on board the aid ships, lodged the complaint at Spain's National Court (Audiencia Nacional) on July 22. They claim they were illegally arrested in international waters, tortured and forcibly removed to Turkey. The 86-page lawsuit was filed on behalf of the three plaintiffs by a non-governmental organization called the Arab Cause Solidarity Committee, which is based in Madrid.

In addition to Netanyahu, the lawsuit names as defendants Israeli Defense Minister Ehud Barak, Foreign Minister Avidgor Lieberman, Intelligence Minister Dan Meridor, Deputy Prime Minister and Minister for Strategic Affairs Moshe Ya'alon, Interior Minister Eli Yishai, minister-without-portfolio Benny Begin, and Navy Vice Admiral Eliezer 'Chiney' Marom.

According to the lawsuit, the plaintiffs were "illegally detained, forcibly moved into Israel and deported to Turkish territory outside the provisions of international law." However, most of the rest of the complaint is framed within the broader context of the overall Palestinian cause, which reveals the politically motivated nature of the lawsuit.

The lawsuit claims the eight defendants came together "from the moment they learned of the departure of the fleet" in order to "plan the operation … in the context of a systematic and widespread attack against the Palestinian civilian population" with the aim of "aborting any and all attempts of common action to help the Palestinian people."

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