The background facts of the Ziada v Netherlands case recently filed at the European Court of Human Rights (ECtHR) will be familiar: attacks on civilians and residential areas within a refugee camp in Gaza killing civilians and civilian objects in violation of IHL. The applicant in this case is a Dutch Palestinian man who lost his family – mother, brothers, sisters in law and nephew, ranging from 70 to 12 years old - when the family home was levelled during ‘Operation Protective Edge’ in Gaza in 2014. OPE reeked what a subsequent UN enquiry described as (then) “unprecedented” civilian devastation. Despite widespread allegations of war crimes and calls for accountability, there was no meaningful investigation and no opportunity for victims to access remedies before Israeli or Palestinian courts. The case was brought by Ziada, a Dutch national resident in NL, to Dutch courts, and was dismissed on August 2023.
The case now lodged at the ECtHR concerns the decision of Dutch courts to reject our client’s claim, on the basis that former military officials purportedly enjoy complete immunity from civil suit in foreign courts under customary international law – even when the case concerns individual responsibility for war crimes and even where there is no alternative forum and would result in a denial of justice. In our application to the European Court we argue that, on the particular facts of this case, the Dutch courts approach is out of step with current international law, and is a violation of article 6 (access to justice) and article 14 (non-discrimination) of the European Convention on Human Rights.
Our arguments to the ECtHR are here. For background information on the cases in Dutch courts see: https://www.nuhanovicfoundation.org/pages/litigation-support/palestine-conflict-home/ziada-case-2