García Ortiz grants authorization to Dolores Delgado for probing Israel's alleged actions in Gaza, suggesting the incidents as potential genocide, as per Sanchez's assessment.
The Spanish government has taken a significant step towards investigating possible violations of international law by the Israeli army in the Gaza Strip. The Attorney General of the State, Álvaro García Ortiz, has authorized Dolores Delgado, the current prosecutor of Human Rights and Democratic Memory, to carry out this investigation. The joint investigation will be conducted by Delgado and the head prosecutor of the National Court, Jesús Santos, in the Prosecutor's Office of the National Court. The collaboration of the coordinator prosecutor of international cooperation will also be sought. The decision to launch the investigation comes after Delgado requested authorization in July, following the analysis of a report sent to her department in June. The report, prepared by the operational unit, contains testimony from protected witnesses within the framework of Operation Eliat. García Ortiz emphasizes that international treaties form part of Spain's internal legal system, as declared by the Constitution. He argues that Spain has an obligation to provide necessary cooperation and channel assistance for the investigation of serious international crimes. The investigation will be conducted under article 23.4 p) of the Organic Law of the Judicial Power (LOPJ), which assigns jurisdiction to Spanish courts for crimes whose prosecution is mandatory due to treaties or regulatory acts of international organizations. The creation of a working team made up of specialist prosecutors will allow the combination of the operational capabilities of the Public Prosecutor's Office of the National Court with the specialization in International Human Rights Law and International Humanitarian Law of Delgado's unit. The investigation proceedings will have the object of gathering and preserving evidence to be put at the disposal of the competent body. States have legal mechanisms that allow extraterritorial action in matters of cooperation in the investigation of serious international crimes. Any evidence, direct or indirect, that can be gathered in Spain must be incorporated into a procedural framework that allows its subsequent use. García Ortiz defends that cooperation between states is necessary to meet the demands of justice and security, and to effectively combat impunity. He states that the 'legal requirements are met' for the investigation, citing the 'special relevance' and 'seriousness' of the facts, as well as the 'number of victims to date.' The facts described in the report could be constitutive of crimes against the international community committed by the Israeli Army in the Gaza Strip. They could also represent serious violations of International Human Rights Law and International Humanitarian Law, constitutive of crimes against humanity. This investigation underscores Spain's commitment to upholding international law and ensuring accountability for alleged crimes against the international community. The outcome of this investigation could have significant implications for the ongoing investigations in the International Court of Justice (ICJ) and the Prosecutor's Office of the International Criminal Court (ICC).
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