Latest news on the Middle East conflict, live

The Prosecutor's Office rejects the Spanish courts' jurisdiction to investigate Netanyahu.

The Prosecutor's Office of the National Court has ruled that Spanish courts are not competent to investigate Israeli Prime Minister Benjamin Netanyahu for alleged war crimes and crimes against humanity, as he already has an open case before the International Criminal Court (ICC), which issued an arrest warrant against him almost a year ago. This was stated by the Prosecutor's Office in a report requested in July by Central Investigative Court No. 6 of the National Court regarding a complaint against Netanyahu and several senior military officials for crimes against humanity in connection with the boarding of the Madleen ship on June 8, as it was heading to the Gaza Strip with humanitarian aid.

According to legal sources, the Prosecutor's Office has ruled against admitting this complaint, based on the provisions of Article 23 of the Organic Law of the Judiciary (LOPJ), which regulates so-called universal justice. According to this article, crimes of an international nature over which Spain may exercise jurisdiction will not be prosecuted in Spain when, among other circumstances, a procedure for their investigation and prosecution has been initiated in an International Tribunal constituted in accordance with the Treaties and Conventions to which Spain is a party.

This is the case of the ICC, which in November 2024 issued arrest warrants against the Israeli Prime Minister and his former Defense Minister, Yoav Gallant, as the main perpetrators of war crimes and crimes against humanity in the Gaza Strip since at least October 8, 2023; that is, one day after the October 7 terrorist attack in Israel.

Following the presentation of this report by the Prosecutor's Office, the head of the Investigative Court No. 6 of the National Court, Antonio Piña, must decide whether or not to admit the complaint. The complaint was filed by Spaniard Sergio Toribio, a member of

the Freedom Flotilla in Spain, and the Committee of Solidarity with the Arab Cause. It is directed not only at Netanyahu, but also at the Minister of Defense, Vice Admiral David Saar Salama, and other commanders for war crimes, crimes against humanity, illegal detention, and degrading treatment.

In their complaint, the plaintiffs rely on the principle of universal jurisdiction to request an investigation into these Israeli leaders for the boarding of the Madleen ship, which occurred on June 8 as it was en route to the Gaza Strip with humanitarian aid. Specifically, they request the opening of a judicial investigation, the taking of statements from the affected activists, and the gathering of evidence regarding the Israeli military operation. They also demand cooperation with the International Criminal Court in the investigation into the situation in Palestine.

According to the complaint, during the boarding, "drones, tear gas, and non-lethal weapons were used, and the 12 crew members, all unarmed civilians, were arbitrarily detained without prior warning or court order, in the absence of any military threat."

The report alleges that the detainees—including activists such as Greta Thunberg (Sweden), Rima Hassan (France), and Thiago Ávila (Brazil)—were forcibly transferred to Israel, held incommunicado, stripped of their belongings, and subjected to attempts at forced indoctrination, with threats of being forced to view propaganda material.

The Madleen ship was carrying food, medicine, and medical supplies for the Palestinian civilian population, amid a blockade deemed illegal by the United Nations. (Efe)