The National Court files the case against Netanyahu for the detention of a Spanish soldier in Lebanon because Israel is already investigating

Spain's National Court has provisionally closed the investigation into Israeli Prime Minister Benjamin Netanyahu over the detention of a Spanish soldier in Lebanon, citing ongoing investigations by United Nations and Israeli authorities. Judge Antonio Piña of the National Court decided to suspend the preliminary proceedings after receiving a complaint from the political party Iustitia Europa regarding the alleged unlawful detention of a Spanish peacekeeper during an operational incident involving the UN Interim Force in Lebanon (UNIFIL). In his ruling, Piña cited Article 23.5 of Spain’s Organic Law of the Judiciary and the principle of subsidiarity. He noted there was no evidence indicating the inactivity of the mentioned authorities or the current need for intervention by Spanish jurisdiction. The judge emphasized that the closure does not preclude the possibility of reopening the case should substantial changes occur in the status of the ongoing investigations or new relevant elements emerge. The decision follows an inquiry initiated by Iustitia Europa and comes after a report from the Public Prosecutor’s Office. The report described the incident as a retention carried out by Israel within the framework of an operational incident during the performance of duties assigned to the UNIFIL mission. It stated that no physical violence or prolonged deprivation of liberty beyond the specified timeframe had been confirmed so far. According to the Public Prosecutor’s Office, the United Nations Legal Affairs Office informed on July 21, 2026, that the incident had been formally brought to the attention of the United Nations, which referred the matter to Israeli authorities. The organization also launched an internal investigation in accordance with its procedures. Additionally, the report indicated that Israeli authorities have taken actions related to the incident, though no communication has yet demonstrated the absence of an effective investigation by these authorities. Iustitia Europa plans to appeal directly to the Criminal Chamber of the Supreme Court and request that the Spanish soldier held by Israeli forces be recognized as a victim. Legal sources indicate this intention. Judge Piña suspended the proceedings because, at this moment, there is insufficient basis to participate in the investigation of the alleged incidents. However, he warned that if new relevant elements appear, the process could be reopened. This decision followed a May inquiry requested by the Public Prosecutor’s Office to determine whether the United Nations had initiated any investigation into the incident that occurred on April 7 concerning the Spanish blue helmet. The Office of Legal Affairs of the United Nations responded in July stating that the matters referenced in the complaint were formally brought to the attention of the international body and passed on to Israeli authorities. The judge highlighted that the Organization itself began an internal investigation according to its procedures. Combined with the fact that the Public Prosecutor emphasizes that no indication through ordinary institutional channels shows the necessity of complementary intervention by Spanish jurisdiction, the proceedings were archived. Iustitia Europa sought to investigate Netanyahu and the Chief of Staff of the Israel Defense Forces, Herzi Halevi, considering the events in Lebanon a clear violation of United Nations Security Council resolutions and International Humanitarian Law. They argued that the National Court needed to open a case to determine criminal responsibility beyond the soldiers who detained the Spanish soldier. The complaint pointed to crimes such as coercion, illegal detention, and war crimes. The lawyer for the party, Luis Pardo, has already announced his intention to appeal the judge's decision. The Spanish peacekeeper was detained by Netanyahu's army for less than an hour following the blocking of a UN logistics convoy by Israeli military forces invading southern Lebanon. It was the defense minister, Margarita Robles, who revealed the soldier's nationality, and subsequently, the Ministry of Foreign Affairs summoned the chargé d'affaires of the Israeli Embassy in Madrid, Dana Erlich, to protest against the unjustified detention, an event that practically has no precedent.