Spain opens war crimes case against Netanyahu over Gaza flotilla raid

Spain's highest criminal court has opened preliminary proceedings against Israeli Prime Minister Benjamin Netanyahu and several senior military officials over the Israeli navy's assault on the Freedom Flotilla's Gaza-bound aid ship.

According to court documents from the Audiencia Nacional, Judge José Luis Calama has requested a legal opinion from the public prosecutor to determine whether Spain has jurisdiction to open a full criminal case.

The complaint names Netanyahu, Defence Minister Yoav Gallant, Vice Admiral David Saar Salama, and other Israeli officials facing war crimes, crimes against humanity, unlawful detention, and degrading treatment of civilians.

The report found the ship Madleen, carrying humanitarian supplies and international activists, was intercepted in international waters on the night of 8 June.

On board were Spanish aid worker Sergio Toribio, Swedish climate activist Greta Thunberg, and French Palestinian MEP Rima Hassan. The passengers said they were forcibly taken to Israel, left incommunicado, stripped of their belongings, and forced to watch Israeli government propaganda.

"I will sue Israel for what happened," Toribio said upon his deportation to Spain. His lawyer, MEP Jaume Asens of the left-wing Sumar party, has also joined the legal complaint.

The judge has now requested cooperation from the International Criminal Court (ICC), which has already issued an arrest warrant for Netanyahu over alleged crimes committed during the ongoing war on Gaza.

The Gaza Freedom Flotilla coalition announced it will attempt another mission with a new vessel, the Handala, set to sail from Italy on 13 July to deliver aid to Gaza. 

While Spain's judiciary takes steps to hold Israeli leaders accountable, the country’s government is under scrutiny for quietly maintaining defence ties with Israel despite previous promises to halt them.

Spain signs Elbit deal

On Tuesday, the Spanish cabinet approved a royal decree authorising direct loans to fund nine strategic military projects.

Among the contracts is a transfer of military technology from Israeli arms manufacturer Elbit Systems. The move comes after Defence Minister Amparo Valcárcel claimed that Spain was initiating a "process of disengagement" from Israeli defence suppliers.

According to an official statement from the Moncloa, Elbit Systems will supply critical components under a scheme allowing up to 90 per cent of production to take place on Spanish soil.

Officials said the deal was "needed" to meet Spain's NATO pledge to allocate two per cent of GDP to defence spending.

"The national industry does not currently have the capacity to produce or supply the required systems," the document read. The Ministry of Industry added that the decision is aimed at achieving the "necessary strategic industrial capability at a national level".

Valcárcel had previously insisted that Spain sought "strategic autonomy".

"We need technological sovereignty and supply chain security that is not affected by war, diplomatic issues, or humanitarian concerns," Valcárcel added.

While she reiterated that Spain "does not sell or buy weapons from Israel", she admitted there was still a "technological dependency", a contradiction she said would be addressed through "disconnection plans" to reduce reliance.

Human rights advocates and lawmakers have criticised Spain for pursuing justice for Israeli war crimes while also reinforcing security cooperation with Israeli firms.

In a statement on X, BDS Madrid said: "Once again, ministers have not decreed an arms embargo on Israel. Every Council of Ministers meeting that does not decree one is another day of complicity and active participation in the genocide against the Palestinian people."

A recent survey has found that 82 per cent of Spaniards consider Israel’s actions in Gaza to be genocide.

According to the think tank Elcano Royal Institute's annual barometer, the Spanish public's condemnation of Israel's military operations in the besieged enclave has increased by 11 points compared to the previous year's report, representing a rise of almost 20 percent.