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Journal of International Criminal Justice 2009 7(3):617-631; doi:10.1093/jicj/mqp042
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© Oxford University Press, 2009, All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org

National Prosecution of International Crimes: Cases and Legislation

The Targeted Killing of Salah Shehadeh

From Gaza to Madrid

Sharon Weill*

* PhD Candidate in international humanitarian law, University of Geneva. The author wishes to thank Ram Rahat (Yesh Gvul), advocate Gonzalo Boye Abogado and advocate Daniel Machover for providing important information concerning the Shehadeh case. [s_weill{at}hotmail.com]


  Abstract

On 22 July 2002, an Israeli Air Force plane dropped a one-ton bomb on a densely populated residential neighbourhood in Gaza City. The military objective of this operation was to kill Hamas' military leader in the Gaza Strip, Salah Shehadeh. More than six years later, in Madrid on 29 January 2009, Judge Fernando Andreu Merelles opened a criminal investigation against seven Israeli political and military officials for allegedly committing a war crime — and possibly a crime against humanity — in that operation. The basis of jurisdiction claimed was universal jurisdiction. As the same facts have been reviewed by different legal authorities in Israel, this case provides us with some considerations on the extent and applicability of the principle of subsidiarity.


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