The Spanish Prosecutor's Office will investigate Israel's "crimes" in Gaza.

BarcelonaThe Attorney General of Spain, Álvaro García Ortiz, has ordered the opening of an investigation in Spain into Israel's "crimes" in Gaza. According to SER (Spanish National News Service) and confirmed by the Prosecutor's Office, the investigation had been requested by Dolores Delgado, the Prosecutor for Human Rights and Democratic Memory, to determine whether the actions could constitute "serious violations of international human rights law and international humanitarian law, constituting crimes provided for in Articles 607 et seq." These include the crimes of genocide, crimes against humanity, and crimes against persons and property protected in the event of armed conflict. Delgado, former Minister of Justice under Pedro Sánchez, requested the investigation after receiving a report from the National Police in June that included witnesses and evidence pointing to Israel committing actions contrary to international law in Gaza. She herself, along with the head of the Prosecutor's Office at the National Court, Jesús Alonso, will lead the proceedings, as decreed by the Attorney General. The conclusions of the investigation, similar to the one launched by the Spanish Prosecutor's Office to investigate Russian war crimes in Ukraine, will be submitted to the international bodies that already have open cases against Israel.

Ortiz's decree, in fact, recalls the existence of two procedures in international courts: one in the International Court of Justice, which investigates the commission of genocide in Gaza, and another in the International Criminal Court (ICC), which issued one almost a year ago Arrest warrant issued for Israeli Prime Minister Benjamin Netanyahu, and his former Defense Minister, Yoav Gallant. The Attorney General, who points out that these are international organizations with which Spain has the "obligation" to cooperate, also refers to the report published this week by the UN in which calls what is happening in Gaza genocide and calls on Member States to act.

In his writing, which comes in full tension between Spain and IsraelGarcía Ortiz argues that "the legal grounds are met" to open an investigation into the extermination in the Strip given the "special significance" and "gravity" of the events, as well as the "number of victims so far." Since October 7, 2023, nearly 65,000 people have been killed by Israeli bombs in Gaza, many of them women and children. "The events would constitute serious violations of international human rights law, making an effective investigation particularly unique and complex, and also presenting international implications," the attorney general states in his brief.

Delgado: "We cannot accuse Netanyahu"

Now, beyond the Spanish Prosecutor's Office's collaboration with international proceedings, could the Spanish justice system investigate and prosecute the Israeli government for its crimes? Organic Law of the Judiciary It establishes that Spanish courts may only investigate events outside Spanish territory that could constitute the crimes of genocide or crimes against humanity when the case is directed against a Spaniard, a foreign citizen who habitually resides in Spain, or who is in Spain and whose extradition has been denied.

The same rule prevents proceedings from being opened for these and other crimes if there is already a case pending in an international court, as is the case with Netanyahu. The Prosecutor's Office of the National Court, as reported this Thursday by the Efe news agency, used this argument to reject the admission for processing of a complaint by members of the Gaza Flotilla against the Prime Minister and Israeli military commanders for the attack on the ship. Madleen On June 8, as he was en route to the Strip with humanitarian aid.

"We could never prosecute or charge Netanyahu," prosecutor Delgado told SER (Spanish radio station): "However, we must gather the evidence and specify the proof of this possible commission of genocide [...] We must preserve the evidence, cooperate with the ICC, and cooperate with the ICC's responsibilities." In this regard, she stressed that this court "does not have its own police force" and, therefore, "needs states to be able to carry out its investigations and enforce its orders."