Palestinian from Gaza Challenges the Netherlands at European Human Rights Court for Shielding Israeli Officials from War Crimes Accountability  

Joint Press Release 
The Hague, 7 February 2025  

On 12 February, Ismail Ziada, a Dutch-Palestinian citizen, will submit a response to the Dutch government at the European Court of Human Rights (ECtHR), challenging the Netherlands’ decision to grant immunity to Israeli officials accused of war crimes. Ziada contends that this ruling denied his fundamental right to justice by shielding those responsible for the bombing of his family home in the Bureij refugee camp, Gaza, on 20 July 2014, killing his 70-year-old mother, three brothers, sister-in-law, and 12-year-old nephew.  

Ziada pursued a civil case in Dutch Courts because, like countless Palestinians, he and his family are barred from seeking justice in Israel due to the systematic discrimination practiced against Palestinians. His case was heard before The Hague’s District and Appeal Courts (2019–2021) and later by the Dutch Supreme Court (August 2023).  However, all three courts refused to hear the case claiming that the defendants—Benny Gantz (former Chief of Staff of the Israeli Armed Forces) and Amir Eshel (former commander of the Israeli Air Force) were entitled to absolute immunity for war crimes in civil cases. Ziada strongly rejects this claim, arguing that war criminals cannot be shielded from accountability, especially for grave violation of human rights principles and international humanitarian law. Nearly 11 years later, there has been no justice or accountability. 

Following the Dutch Supreme Court’s 2023 decision, which left him no legal recourse, Ziada had exhausted all avenues in the Dutch legal system and took his fight to the the European Court of Human Rights (ECtHR). In a brief presented in December 2023, he argued that the Netherlands had violated his right to access justice under the European Convention on Human Rights. In 2024, the ECtHR accepted the case and designated it as an “impact case”, recognising its far reaching legal and human rights implications. In November 2024, the Dutch government responded to Ziada’s claim, defending the grant of immunities in his case, irrespective of the nature of the crimes alleged (systematic war crimes) or the fact that there is no alternative forum for Palestinian victims to pursue justice.  

Ziada’s response to the government and final submissions before the European Court of Human Rights will be presented on 10 February 2025. On this occasion, on 12 February prominent international lawyer Helen Duffy, Ziada’s legal representative, will present the case to press and public in the Hague, outlining the legal and human rights implications of the case, and other guests will discuss the significance of the case in the context of mounting violations in Gaza today.  

In connection with this milestone, we are honored to be joined by Francesca Albanese, UN Special Rapporteur on the occupied Palestinian territories, alongside leading experts in international justice and human rights advocacy, for this discussion. The event will examine the challenges faced by legal activists, the role of the Netherlands in upholding international justice, and the broader implications for accountability for international crimes committed by Israel.  We would be delighted to have you join us.

Please follow this link to sign up.