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Yahoo! My Yahoo! Mail Yahoo! Search Search: Sign InNew User? Sign Up News Home - Help Navigation Primary Navigation Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Secondary Navigation Africa Europe Latin America Middle East North America Search Search: Spanish judge to probe Gaza air raid AFP - Tuesday, May 5 MADRID (AFP) - - A Spanish judge decided Monday to go ahead with a probe into alleged crimes against humanity by top Israeli military figures over an air force bombing in Gaza in 2002 that killed 15 people. ADVERTISEMENT Last month public prosecutors advised National Court judge Fernando Andreu to shelve the case on the grounds that the attack, which killed a suspected leader of the Islamist movement Hamas, Salah Shehadeh, had been under investigation by Israel. But Andreu denied that such an investigation had been carried out and even if it were, the Spanish judiciary could simultaneously probe the charges since they could be classified as war crimes. "No criminal investigation which could lead to the possibility of a conflict of jurisdictions has up until now arisen," he wrote in his ruling. Public prosecutors and military prosecutors in Israel had decided not to open a criminal inquiry and the Israeli Supreme Court had not considered a complaint over the air raid, he said. Andreu agreed in January to consider the complaint lodged by the Palestinian Centre for Human Rights against former Israeli defence minister Benjamin Ben-Eliezer and six senior military officials, sparking strong objections from Israel. Spain has since 2005 assumed the principle of universal jurisdiction in alleged cases of crimes against humanity, genocide and terrorism. This has served as the grounds for investigations by the National Court into alleged human rights abuses in other countries, from Argentina to Tibet. Israeli foreign ministry spokesman Yigal Palmor dismissed the judge's decision to push on with the war crimes investigation as "a cynical and baseless political manoeuvre that is completely unjustified." "There is no evidence to support the claims. The Spanish legal system should shelve the process," he told AFP. Israeli Defence Minister Ehud Barak rejected the allegations of war crimes and said he would urge the Spanish government to act against the decision. "I intend to contact the Spanish foreign minister and defence minister, and if necessary, the Spanish prime minister in order to act to cancel the order," he told reporters. "There is no organisation as moral as the IDF (Israel Defence Forces) and I have no doubt that all those who acted then to kill Shehadeh acted with a clear head and with the sole intention of defending Israel's citizens with the available means," he added. The majority of the 14 civilians who were killed in the air raid which dropped a one tonne bomb on Gaza were children while some 150 Palestinians were injured, according to the complaint. In addition to Ben-Eliezer, the complaint names the then army chief of staff, General Moshe Yaalon, as well as the then head of the Israeli air force, General Dan Halutz. It also names General Doron Almog, national security council head Giora Eiland, Michael Herzog, a defence ministry official, and Avi Dichter, director of the Shin Beth intelligence agency. Andreu's decision to consider the complaint came just days after Israel's recent offensive against Hamas in Gaza, which according to Gaza medics killed more than 1,300 Palestinians, nearly a third of them children, and injured 5,300 others. Thirteen Israelis were killed during the 22-day military offensive, which was launched at the end of last year with the declared aim of stopping rocket attacks on southern Israel by Palestinian militants. Email Story IM Story Printable View Blog This Sign in to recommend this article » 0 users recommend Related Articles: World NY Times postpones threat to close Boston GlobeAFP - Tuesday, May 5 A year on, 'number two' view still dogs MedvedevAFP - Tuesday, May 5 Conservatives tipped for EU vote winAFP - Tuesday, May 5 US, Israel at odds on Iran, PalestiniansAFP - Tuesday, May 5 Basque parliament to elect Socialist leaderAFP - Tuesday, May 5 Enlarge Photo Bulldozers search in the ruin after Israel dropped a one-tonne bomb on a densely populated neighborhood in Gaza City, killing 15 people in July 2002. A Spanish judge has decided to go ahead with a probe into alleged crimes against humanity in Gaza by top Israeli military figures despite a request by public prosecutors that he shelve the case. 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