The Eurodiputa of the Commons Jaume Asens will ask the prosecution of the (ICC) to impute the president of the European Commission, and the Foreign Affairs Commission, for her role as necessary cooperators in those committed by Israel in Gaza. It will also request that the Prosecutor’s Office expand its investigation to the attack on the Fleeta de la Libertad, in coordination with.
According to Asens, the political, diplomatic and material support provided by both European leaders to the Israeli government makes them necessary participants in acts that could constitute war crimes, crimes against humanity and genocide, in accordance with article 25 of the Rome Statute.
“Israeli leaders do not act alone. The ICC cannot look the other way. When the highest European authorities align with a state accused of committing genocide, we are not alone before an accomplice silence, but before an active complicity. Von der Leyen and Kallas, as well as other European leaders, they must be investigated,” Asens said. “There are precedents such as Charles Taylor, former president of Liberia, and in a British prison, convicted by a special court of the UN for contributing weapons to the rebel forces of Sierra Leone. What is worth for African leaders, must be worth the Western leaders,” he added.
The initiative is based on the principle of and on the conclusions of the days organized by Asens and other Eurodiputados of the Green Group/Ale in the European Parliament, under the title “Should we call it?” In them, jurists, medical staff and human rights organizations agreed that the actions of the State of Israel in Gaza fulfill the legal elements of the crime of genocide, as defined by the Rome Statute.
The resulting legal report, which will be delivered to the Prosecutor’s Office, documents bombings on hospitals, use of hunger as a weapon of war, indiscriminate attacks against civilians and institutional speeches that dehumanize the Palestinian people. It also includes public statements of high Israeli charges that could constitute direct incitement to the genocide.
“We attend a continuous massacre with the complicity of European institutions. Those who not only silence, but justify, finance or politically support these crimes, cannot be unpunished. Europe must also be accountable,” Asens stressed.
The Eurodiput and lawyer Jaume Asens after submitting a complaint for war crimes against Israeli prime minister, Benjamin Netanyahu, at the National Court, on July 2, 2025.
The Madleen case: a complaint already admitted in Spain
The complaint before the ICC will also include the case of Madleen, humanitarian vessel attacked in international waters on June 1, in which twelve activists traveled -among them and Rima Hassan. The case has already been admitted for processing by the Central Court of Instruction No. 6 of the National Court.
The complaint, presented by the Spanish citizen – a Spanish crew on board – and the Solidarity Committee with the Arab case, was written by lawyers Jaume Asens and Endika Zulueta. The use of drones, firearms, tear gas, physical aggressions and arbitrary deportation of the entire crew by the Israeli army are detailed. The facts could constitute war crimes, crimes against humanity and piracy.
Asens recalled that this action follows the wake of the Mavi Marmara case, also illegally approached by Israel in 2010, and seeks to promote an international accountability strategy. “Gaza cannot be the tomb of international law,” he said.
From the Solidarity Committee with the Arab case and from the Fleeta de la Libertad itself it insists that the action of Spanish and European justice must only be the beginning. In addition to the complaints before the ICC, the organizers of the Conference in the European Parliament demand a European embargo on weapons to Israel and the immediate suspension of institutional cooperation while persisting the blockade and attacks on the civilian population.
