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The National High Court will investigate two Israeli military commanders for their fleet heading for Gaza

The judge has not admitted to the proceedings concerning the events on Israeli ships or on Israeli territory, believing that since the transfer of the crew to Israel, the facts are already excluded from the crimes committed on board.

Flotilla Gaza

The Global Sumud Flotilla on its way to Gaza.

Judge Francisco de Jorge of the National High Court has admitted two lawsuits to investigate two Israeli military chiefsaccused of illegal detention of the Flotilla Global Sumud , which was travelling with humanitarian aid to Gaza on 1 October 2025.

Contrary to the prosecution's view, the judge has decided to admit to trial two lawsuits brought by the Communist Party of Spain, theUnitedLeft and several individuals, on the one hand, the Chief of Staff of the Israeli Armed Forces (IDF) Eyal Zamir\u00A0and, on the other, the one who has served as Commander-in-Chief of the Israeli Navy  Ram Rothberg , although he officially resigned in 2016.

In addition, the judge has agreed to request the Public Prosecutor's Office of the International Criminal Court to investigate on its own initiative what happened on ships flying the Spanish flag, or to inhibit the investigation of crimes of genocide, war crimes or crimes against humanity .

In the meantime, the magistrate warns that he will proceed with the procedure for illegal detention on ships flying the Spanish flag and that he will proceedwith the proceedings deemed urgent.

Thus, the Magistrate limits the subject matter of the case to offences of illegal detention on Spanish vessels, since under the UN Convention on the Law of the Sea, Spanish vessels on the high seas are subject to Spanish jurisdiction, with exceptions which, according to the judge, have not been granted in this case.

In this context, the judge has not admitted any complaints concerning events committed on Israeli ships or on Israeli territory, considering that since the transfer of crew members to Israel, the facts are already excluded from crimes committed on board.

Thus, the case does not record what happened on the Israeli warships , nor what happened in that State, nor does it take into account the facts relating to detention centres on Israeli soil, as requested by the plaintiffs, since the complaint contained the offences of piracy, illegal detention, torture and ill-treatment, as well as against persons and protected property in the event of armed conflict.

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