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Spanish Citizen Files War Crimes Complaint against Israel over Gaza Aid Ship Raid
Spanish marine mechanic Sergio Toribio has filed a war crimes complaint against Israel, accusing its navy of carrying out a violent raid on the Gaza-bound aid ship Madleen in international waters.
Marine mechanic Sergio Toribio, the only Spanish citizen aboard the humanitarian vessel Madleen, has filed a criminal complaint with Spain’s National Court following the Israeli navy’s interception of the ship in international waters.
The vessel, which was attempting to deliver humanitarian aid to the besieged Gaza Strip, was stormed by Israeli forces, and the international crew—including Toribio—was detained and later deported without any legal proceedings.
Toribio is represented by a Spanish lawyer and Member of the European Parliament, Jaume Asens, who confirmed to Al-Jazeera that the complaint was filed on behalf of Toribio as a direct victim.
However, other crew members—including Swedish environmental activist Greta Thunberg and French MP Rima Hassan—will appear as witnesses. Asens, who leads the left-wing coalition Sumar–Guanyem and sits on several key European Parliament committees, including Civil Liberties, Human Rights, Foreign Affairs, and Relations with Palestine, noted that although the likelihood of success is limited, it is not nonexistent.
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The legal complaint alleges that Israeli actions constitute war crimes and crimes against humanity, committed in the context of a broader and systematic attack against Palestinian civilians and those seeking to aid them.
According to Asens, the violent raid on the Madleen on June 8 involved the use of tear gas, the seizure of the vessel in international waters, and the arbitrary detention of the twelve-member crew. The crew was denied contact with the outside world and access to legal counsel before being deported without any judicial process.
The complaint names several Israeli officials, including Israeli Prime Minister Benjamin Netanyahu, Navy Commander David Salama, and senior officers from Shayetet 13, the elite naval commando unit responsible for the raid.
Asens explained that while Toribio is the complainant, the victims extend far beyond him. He emphasized that the ultimate objective of the Israeli operation was to prevent aid from reaching Gaza’s civilian population, and as such, every resident of Gaza, and every Palestinian with family there, should be considered a victim of the crime.
Spain’s Arab Solidarity Committee, a civic group that promotes awareness and mobilization around Arab world issues, has joined the lawsuit as a public claimant, a step allowed under Spanish law to strengthen collective legal efforts.
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Asens is invoking the principle of universal jurisdiction, which allows Spain to prosecute grave international crimes regardless of where they occur or the nationalities involved. He argued that while such crimes should ideally be investigated where they take place, Israel has repeatedly refused to investigate similar incidents and has shown open disdain for international law.
Because of this refusal, Asens said, the complaint does not seek cooperation from Israeli authorities, who are unlikely to provide information such as names of commanders or the orders issued. Yet, he stressed that this lack of cooperation only reinforces the argument that international justice mechanisms must intervene.
Although Spain’s ability to pursue such cases was limited by a 2014 legal reform introduced by the ruling Popular Party—under pressure from the United States and Israel—the framework still allows a narrow path for this type of prosecution.
Asens explained that while obtaining international arrest warrants may be extremely difficult, the aim of the complaint is to trigger a judicial investigation that hears the testimony of the victim and establishes the criminal nature of Israel’s actions. Even if the case cannot proceed beyond its preliminary stage, it would still serve a vital legal and moral function.
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He called on the National Court to formally notify the International Criminal Court of the events that occurred aboard the Madleen and during the crew’s detention in Israel. The ICC, he noted, has frequently asked member states to open their own investigations, citing the political and structural obstacles it faces. This lawsuit, Asens said, is a way to support the ICC’s mandate by initiating part of the investigative process in Spain.
He also directed his appeal to Spanish judges, urging them to assume the legal and moral responsibility they hold and to make use of tools that are too often left idle. When asked about public response, Asens affirmed that the complaint carries symbolic, political, and legal weight.
In closing, Asens expressed hope that other countries, especially those whose citizens were aboard the ship, will follow Spain’s lead. He pointed to Sweden as an example, noting that its legal system grants the public prosecutor’s office even greater powers under universal jurisdiction. “This complaint,” he said, “is a way to show that civil society is not standing still—even when governments are complicit in crimes.”
(PC, AJA)
The post Spanish Citizen Files War Crimes Complaint against Israel over Gaza Aid Ship Raid appeared first on Palestine Chronicle.
