On 20 June 2024 the European Court of Human Rights (ECtHR) communicated to the Dutch government the case of Ziada v. the Netherlands, in which we challenge the Dutch courts’ decision to grant immunity from civil suit to individuals accused of war crimes in Gaza. Six close family members of our client, Mr. Ismail Ziada, ranging from ages 12 to 70, were among the thousands of civilians killed by the Israeli defence force during ‘Operation Protective Edge’ in 2014. Those war crimes were met with impunity in Israel and elsewhere. As is well known, the targeting of civilians in Gaza has since recurred with greater intensity. The civil suit brought before Dutch courts by Mr. Ziada, who is Dutch-Palestinian, against then former IDF commanders Gantz and Eschel, was rejected on the grounds that ‘state immunity’ protected them from civil action for war crimes. The case before the ECtHR argues that the Dutch courts’ reliance on blanket ‘state immunity’ in this case is a violation of our clients rights to access justice under the ECHR.
The Court's communication to the government means the case has passed the preliminary examination phase before the Strasbourg Court. The Dutch government must respond to the allegations on admissibility and merits within 12 weeks. Within that time, interested third parties may seek to intervene. Our Application before the European Court on behalf of Mr. Zaida is available here. More information on his case and application is here.