Immunity or impunity? Legal briefing on Ismail Ziada v the Netherlands

Legal briefing hybrid event for the press and public on Ziada's international complaint to the European Court of Human Rights
European Court of Human Rights
Date
Monday 18 Dec 2023, 10:00 - 12:00
Type
General
Spoken Language
English
Room
Aula B
Location
International Institute of Social Studies
Ticket information

Registration is required for the legal briefing. The event can be attended in-person or online. A livestream will be available to watch on this webpage on the day of the event. 

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Ismail Zaida case cartoon
Carlos Latuff

Ismail Ziada, a Dutch Palestinian, filed a lawsuit in the Netherlands against two Israeli military officers for bombing his Gaza home during 'Operation Protective Edge' in 2014. The case was rejected by the Dutch courts on 25 August 2023.

On 18 December 2023, an expert panel will explain the case Ismail Ziada's lawyers are now bringing on his behalf to the European Court of Human Rights.

The attack in 2014 resulted in the death of six of Ziada's family members, in the context of unlawful attacks on civilians and civilians' infrastructure in Gaza. The Dutch courts refused to consider his war crimes claim against the Israeli officials on the grounds that the officials were protected by state immunity. The case being launched by Mr Ziada against the Netherlands at the European Court of Human Rights challenges this denial of justice in Dutch courts as a violation of the Netherlands’ obligations under the European Convention on Human Rights.

The event will present and explain to interested press and public this new legal initiative and its significance in the context of unfolding violations in Gaza today. The case is being brought on Mr Ziada’s behalf by Human Rights in Practice and the event is supported by a collaborative civil society effort including the International Institute of Social Studies of Erasmus University Rotterdam (ISS), the Nuhanovic Foundation, Human Rights in Practice and the European Legal Support Center.

Programme

The presentation will be led by Helen Duffy, counsel for Mr. Ziada. Moderation will be done by Jeff Handmaker, Associate Professor of Legal Sociology of ISS.

Watch the livestream on 18 December

The livestream has now concluded.

Ismail Zaida case cartoon

Legal background

Ismail Ziada filed a lawsuit against two Israeli military officers.

Key issues include officer immunity and Dutch court jurisdiction. In January 2020, the District court granted immunity, a decision upheld in December 2021 by the Court of Appeal.

Ziada appealed to the Supreme Court of the Netherlands; his case was rejected in the summer of 2023.

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