The case pending in Spain against senior Israeli officials for the 2002 elimination of senior Hamas terrorist Salah Shadah in Gaza has been closed. As a result of the air force mission which succeeded in eliminating the wanted terrorists, 14 Gazans were killed. The mission prompted outcries from the Israeli left-wing, and eventually led to the case in the Spanish court against senior Israeli officials linked to the mission.

Listed in the case filed by a Palestinian human rights organization were Binyamin Ben-Eliezer (then defense minister), Avi Dichter (then head of Shin Bet), Moshe Ya’alon (then IDF chief of staff), Dan Halutz (then IAF chief), Doron Almog (then IDF southern district commander) and Giora Eiland (then national security advisor).

Fourteen of the court’s 18 justices voted to bring the case to an end to the dismay of the human rights’ petitioners. Spain’s Foreign Minister Miguel Moratinos telephoned former Foreign Minister Tzipi Livni to inform her of the court’s decision.

According to the daily Yediot Achronot, Moratinos felt he must first notify Livni due to her intensive behind the scenes efforts to bring the case to an end. Foreign Minister Avigdor Lieberman praised the decision of the Spanish court.

Giora Eiland released a statement commending the move, adding “at no time did I view myself a war criminal – not at the critical operational time and not during the time period that followed”.

The former senior officials had harsh words for the Foreign Ministry and Justice Ministry, explaining when the Spanish court asked Israel what she is doing regarding the case, Eiland felt the state’s response was lacking, insufficient and too vague, but he added that once the court announced they would be tried for war crimes, the foreign ministries did act accordingly.

Legal experts explain that while the announcement is a welcome one, the prosecution still has the right to appeal.

(Yechiel Spira – YWN Israel)