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"Spanish National Court judge Fernando Andreu announced Monday that he will pursue his investigation into a 2002 Israeli bombing in the Gaza Strip, despite contrary advice by prosecutors at the court.
Defense Minister Ehud Barak said he would call on the Spanish government to prevent the investigation, reiterating Israel's stance that the Israel Defense Forces is the most "moral" army in the world."
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"Six senior IDF officers and security officials are the subject of investigation over their involvement in the 2002 bombing in densely populated Gaza City. That attack, using a one-ton bomb dropped from an Israeli F-16, targeted and killed alleged Shehadeh along with 14 other people.
Andreu said the 2002 bombing might constitute a crime against humanity. The suspects named by Andreu include former Defense Minister Benjamin Ben-Eliezer, former Israel Defense Forces Chief of Staff Dan Halutz and five current or former army officers or security officials.
On Monday, the Spanish judge wrote that Israel's military conducted an internal investigation but Israeli military and civilian prosecutors declined to open proceedings of their own. He said for this reason Spain has jurisdiction to keep investigating.
"In Israel there has not been, nor is there now under way, any legal proceedings aimed at investigating the Gaza bombing," the judge wrote."
http://www.haaretz.com/hasen/spages/1082932.html