A Spanish judge issued a writ on 29 January 2009 stating that he was investigating seven Israelis for possible crimes against humanity for a 2002 air strike in Gaza that killed 15 Palestinians, including a leading Hamas member – Salah Shadeh – and nine children. Judge Fernando Andreu called this attack “disproportionate and excessive”.
On 22nd July 2002, between 23.30 and 24.00 hours, an Israeli F16 fighter plane dropped a one ton bomb on the Al Daraj neighbourhood of Gaza City. The main target of this attack was the home of Saleh Shehadeh, who was suspected of being a Hamas commander, the mission’s objective therefore being his assassination. Situated near to Mr Shehadeh’s home was the home of Mr Mattar’s family. The two houses were less than 2 metres apart. As a result of the bombing, his house was totally destroyed and seven members of his family were killed, as well as seven other civilians.
The investigation was opened against Dan Halutz, Benjamín Ben-Eliezer, Doron Almog, Giora Eiland, Michael Herzog, Moshe Ya´alon, and Avraham Dichter.