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Dutch court to hear case against Blue and White's Benny Gantz

As voting gets underway in Israel, Dutch court to hold hearing on admissibility of civil suit brought by Dutch national of Palestinian descent Ismail Ziada. Ziada is seeking damages from then-IDF Chief of Staff Gantz and IAF chief Amir Eshel for the deaths of six of his relatives who were killed in 2014's Operation Protective Edge.

by  Reuters and Israel Hayom Staff
Published on  09-17-2019 07:43
Last modified: 09-17-2019 13:44
Dutch court to hear case against Blue and White's Benny GantzReuters/Ronen Zvulun

Blue and White party leader Benny Gantz and his wife Revital cast their ballots at a polling station in Rosh Haayin, Tuesday | Photo: Reuters/Ronen Zvulun

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Blue and White party leader Benny Gantz and his wife Revital cast their ballots for Israel's Knesset at a polling station in Rosh Haayin on Tuesday.

At the polling station, Gantz called on Israelis to vote against extremism and corruption.

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"Those who sit at home and do not vote do not take responsibility for what is happening in the country," he said.

"We want new hope. We are voting today for change: We will succeed in bringing hope. We will succeed in bringing change, without corruption and without extremism, together."

Meanwhile, a Dutch court was set to consider on Tuesday a request to hear a civil suit seeking damages from the former IDF chief, who is standing against Prime Minister Benjamin Netanyahu in a parliamentary election.

The hearing on admissibility will be held in a Dutch district court as voting gets underway in Israel.

The case has been brought by a Dutch national of Palestinian descent using Dutch universal jurisdiction laws.

Ismail Ziada is seeking compensation of 600,000 euros ($660,000) for the death of six family members – his mother, three brothers, sister-in-law and 12-year-old nephew - when the family's home in the Al Bureij refugee camp in the Gaza Strip was bombed in 2014.

Lawyers on behalf of Gantz and his co-defendant, former Israeli Air Force chief Amir Eshel, filed a motion to have the case dismissed, arguing that the Dutch courts do not have jurisdiction.

The defendants also will argue that they have immunity from prosecution because the deaths occurred while they were carrying out official government functions.

"The Israeli Defense Force[s] is the most moral army in the world, and I am proud to have served in it for almost 40 years and to have commanded it," Gantz told Reuters in a written response to a query about the case.

The bombing of the Ziada residence occurred in 2014, during Operation Protective Edge. According to Gaza health officials, 2,100 Palestinians were allegedly killed in 50 days of fighting. Israel put the number of its dead at 67 soldiers and six civilians.

Rebuffing international censure over the non-combatant toll in Gaza, Israel said it forces exercised restraint while confronting guerrillas who operated in densely populated areas.

Under universal jurisdiction laws, war crimes committed abroad can be considered by courts in the Netherlands if the victims of such crimes are Dutch citizens who are unable to access justice elsewhere.

Ziada's lawyer Liesbeth Zegveld said she would argue Israeli courts were not accessible to Palestinians.

"The Israeli judicial system is closed to Palestinians, especially for Palestinians from the Gaza Strip, including my client who has also been deemed an enemy subject," she said.

Tags: Benny GantzGaza StripIDFNetherlandsPalestinians

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