Madrid- Last Thursday, the marine mechanic Sergio Toribio filed a complaint with the Spanish National Court, as the only Spanish citizen within the crew of the “Madeleine” ship that carried humanitarian aid and aims to break the siege on the Gaza Strip, but its crew was subjected to repression and kidnapping by the Israeli navy in international waters, before they were deported later.
The lawyer and deputy in the European Parliament for Spain, Khawumi Asins, is responsible for representing his client, the complainant, Sergio Toribio, before the court. Asens occupies the membership of the Civil Liberties and Human Rights Committee in the European Parliament, and the membership of the Relations Committee with Palestine, in addition to its membership in the sub -committees for human rights and foreign affairs.
Al -Jazeera Net interviewed lawyer Asens, who confirmed that the complaint was submitted in the name of Toribio as those who were damaged, but others from the crew, such as the Swedish environmental activist Greta Thonberg, and the French deputy Rima Hassan, and others, will be witnesses to the complaint.
War crimes
Asens said that the complaint includes “facts that are war crimes committed by Israel, and they fall within a systematic and wide -scale attack against Palestinian civilians in Gaza, and against those who are trying to help them. They are also crimes against humanity, which include arbitrary deprivation of freedom, insulting treatment, and violating the rights of the ship’s crew.”
The list of actions that the Israeli forces carried out on the Madeleine ship on June 8, which will be included in the judicial complaint, is the following:
- Violent storming of a humanitarian aid in international waters, using forced means such as tear gas bombs.
- Then the forced deportation of the 12 -people crew to Israel, where they remained hours without external communication, and without the presence of a lawyer or procedural guarantees.
- Then he deported the crew to their country without any judicial action.
The Spanish lawyer also explained that the criminal complaint will be filed against each of:
- Israeli Prime Minister Benjamin Netanyahu in his capacity as the highest executive authority and the Supreme Commander of the Israeli Army, who is required for the International Criminal Court On charges of war crimes in Gaza.
- Former Defense Minister Joav Gallant as the first official in charge of Israeli military operations, and he is also wanted by the International Criminal Court.
- The commander of the Israeli Navy David Wassama.
- Former Israeli army spokesman Daniel Hagari.
- The major leaders of the “Shaitet 13” unit, the elite commando unit in the Israeli navy, will be identified, and their identities will be identified and their identities later be identified.
Although the complaint was presented in the name of Toribio, as one of the direct victims, the damage was not limited to it alone – as Asins explains – because “the goal of the attack was to prevent aid to reach the trapped inhabitants of Gaza, so the affected people are all the inhabitants of Gaza, and all Palestinians who have relatives or friends there.”
Accordingly, it joined the lawsuit “The Committee for Solidarity with the Arab Affairs” – a Spanish association aimed at enhancing awareness of the situation in the Arab world and mobilizing popular and political support in Spain – as it represents the popular claim, which is a matter permitted by Spanish law.
https://www.youtube.com/watch?v=l-usxmtifu
Global Judicial State
Asens considers that the basic principle of investigating such facts is to be in the place where it happened, “but Israel does not investigate this type of facts, and it has refrained from investigating the past, but rather boasts about this.”
He added, “Because there is no effective mechanism in Israel to investigate, and because it underestimates international law and the decisions of the International Criminal Court, the Security Council, and the United Nations General Assembly, it is not possible to file a complaint there.”
On their request for more evidence and clarifications from the Israeli side, such as the names of the military leaders, the orders issued, and the chain of command, the lawyer says, “We know that they will not respond, because they do not recognize any court other than their court, and this in itself supports our argument that Israel has no intention to investigate.”
Accordingly, Asinsan indicated that this raised judicial complaint is a way to activate the principle of “global judicial jurisdiction”, and summarized his idea by saying that “some hideous crimes when they happen are not only insulting its victims, but also insulting all humanity, and it must be pursued from anywhere, regardless of where they occurred or the nationality of the victims or perpetrators.”
Although this principle in force in the country allows the Spanish courts to follow this type of international case, its impact on the courts has been reduced, according to an amendment by the ruling Popular Party in 2014, under pressure from the United States and Israel, with the aim of closing the judicial files filed against them.
In conclusion, the man of law and politics asserts that “the chances of success of this complaint are small, but it is not non -existent, as it can be activated only if the defendants enter Spanish lands.”
What is the point?
Lawyer Khayoumi Asins asserts that the aim of this legal move is to obtain international arrest warrants, “although we know that this will be very difficult, but at least we ask for a simple judicial investigation, ensuring that the victim’s testimony is heard, and this is part of the right to judicial protection.”
“We want to prove the judicial authorities in Spain the criminal nature of these actions that Israel carried out, and to identify those responsible for it, even if the case does not advance later. This is important, because we believe that these actions rise to war crimes and crimes against humanity.”
The National Court called for the public prosecutor in the International Criminal Court to inform the facts that took place on board the ship and in the places of Israeli detention, to see if it is appropriate to include it in the current investigations against Netanyahu and other Israeli officials.
Asens reminded that the International Criminal Court stated more than once that it is facing many pressures and tasks, and that it calls on member states to open their own investigations, “and we want to cooperate with them by opening part of the investigation of Spain.”
He also invited the judges, considering that they also bear a responsibility towards what is happening in Palestine, and they have legal tools that are often not used, “so it is our duty to highlight their role.”
In response to a question about whether the complainants are expecting popular support, he answered, “Yes, the complaint has a symbolic, political and moral dimension, but also legal, and we want to shed light on what happened, and to enhance solidarity with these initiatives, because it shows that civil society is moving, while governments continue to support Israel politically, militarily and economically, and then colluding in the crime,” he said.
He concluded by saying, “We hope that this complaint will inspire other countries to do the same, especially the countries to which the ship’s crew belongs. There are countries that have laws that allow the global jurisdiction more than others, such as the case of Sweden, whose public enemy can move.”
