The Dutch Supreme Court dismissed a claim against two Israeli military officials in August 2023, asserting that under international law, the accused enjoyed absolute immunity from civil suits. Despite the serious nature of the allegations against them, the Dutch courts found that Mr. Benny Gantz and Mr. Amir Eshel, former senior Israeli military officials, were immune from civil prosecution in the Netherlands.
Mr. Ismail Ziada, a Dutch national of Palestinian origin, exhausted his legal avenues within the Dutch court system after the dismissal of his civil claim against the two Israeli officials. This claim stemmed from the bombing of his family’s residence in Gaza’s Bureij refugee camp in July 2014, which resulted in the tragic death of six family members. The District Court of The Hague and the Court of Appeal had previously rejected the case.
Having exhausted domestic legal options, Ismail Ziada’s legal team is now taking the matter to the European Court of Human Rights (ECHR). A legal briefing took place on 18 December at the International Institute of Social Studies of Erasmus University Rotterdam (ISS) in The Hague. On 18 December, international lawyer Helen Duffy of Human Rights in Practice, in collaboration with ISS, the Nuhanovic Foundation, and the European Legal Support Center, lodged the case against the Netherlands at the ECHR. These entities co-hosted the public briefing.
Mr. Ziada’s case challenges the denial of justice in Dutch courts as a violation of the Netherlands’ obligations under the European Convention on Human Rights, specifically the right of access to justice. The legal action at the ECHR seeks to rectify this perceived violation and hold the Netherlands accountable for its obligations.
It is noteworthy that the backdrop of this case is the Israeli military operation codenamed “Operation Protective Edge,” during which approximately 2000 Palestinians, including Ziada’s mother, three brothers, nephew, and sister-in-law, lost their lives between July and August of 2014.
