Madrid - Spanish National Court judge Fernando Andreu announced Monday that he would pursue his investigation into a 2002 Israeli bombing in the Gaza Strip despite contrary advice by prosecutors at the court. The prosecutors had argued that the attack, which killed Hamas leader Salah Shehade and 14 others, was still under investigation by Israel.
Andreu said that did not appear to be the case and even if it were, the Spanish judiciary could simultaneously investigate the charges because they could be classified as war crimes.
The National Court has become known for its inquiries into alleged human rights abuses in countries, ranging from Chile and Argentina to Tibet and the territory of Western Sahara.
The suspects named by Andreu include former Israeli defence minister Benjamin Ben-Eliezer and six current or former army officers or security officials.
The petition by the prosecutors for Andreu to shelve the case was opposed by pro-Palestinian activists on whose complaint the probe is based.
The Israeli Supreme Court had accepted the decision of military prosecutors not to open an investigation to determine penal responsibilities in the bombing, Andreu said in a court document.
Israel's "disproportionate" attack, in which children were among those killed and 150 people were injured, could be regarded as a crime against humanity, the judge said when launching his probe in January.
The case has created some tension between Spain and Israel. The Spanish government told Israel that it planned to limit the possibilities of Spanish courts to investigate possible human rights violations in other countries.
