An error of incalculable consequences. This is how the government of Pedro Sánchez have directly pointed to Israel as the author of a «genocide». Accusation that has come out of the mouth of both Sumar ministers and the PSOE, and that this week has tried to minimize the head of Foreign Affairs, José Manuel Albares, ensuring that it is «personal opinions» that in no case are they an official feeling. Foreign ministers have asked, internally, to stop using that term of « genocide »: it opens the door for Palestinians residing in Gaza, and there are around two million in the entire Strip, you can appear at a Spanish embassy or consulate to request asylum. And a sentence of Supreme Court obliges the Foreign, in those cases, to put the applicant for protection on a plane to Spain.
« What is happening in Gaza it is a true genocide ». That was what the Defense Minister recently pointed out, Margarita Robles, when asked about the crisis between Spain and Israel and the recognition of Palestine. Statements that sparked a new diplomatic clash with Tel Aviv and fueled the positions of Sumar's partners, whose ministers had already spoken out in those - or worst- terms.
However, just two days later, Exteriors redirected the official version of what is happening in Gaza. Albares, after the Council of Ministers and the same day that Spain officially recognized Palestine, assured that Robles' words reflected one «personal opinion» not necessarily shared by the Government. As OKDIARIO has learned, that public statement had been preceded by a private notice to ministers not to use the genocide term. Not out of respect for Israel, since it is a very serious accusation, but because of the legal consequences that this qualification may have for Spain.
If Spain officially considers that the systematic elimination or extermination of a human group on the grounds of race, religion or nationality is taking place in Gaza, then by definition, anyone who lives in Gaza or has managed to get out of there can appear at the Spanish embassy or consulate in Israel, Egypt, Jordan, Lebanon or any other country and urgently apply for asylum. And you must be attended to.
This situation was already recognized in the 2009 Asylum Law, but it was never applied due to the legal gaps it raised, as diplomatic sources explain to OKDIARIO. However, everything changed with judgment 1327/2020 of the Supreme Court that in 2020 he recognized the right of asylum to an Iraqi family. In 2016 they had crossed the Mediterranean to Greece, and there they asked for asylum at the Spanish embassy, but they were not even processed. They were considered safe in Greece.
The Spanish Justice, in its ruling, not only recognized the right for the ambassador to respond personally to these requests for international protection, but in the event that it is proven that « his physical integrity is at risk », the Government is obliged to put a plane to Spain to finish the rest of the process here. That is, first save, then assess whether there are reasons for asylum.
In this process, however, the physical integrity risk assessment phase declared by the asylum seeker remains essential. In the case of Gaza, these sources explain, « it would not be difficult to prove that someone is fleeing an extermination, when even the Government itself considers it so ». The success of the petition, they say, would be assured.
Outsiders already know what pro-Palestinian associations are preparing to facilitate such asylum processes for Palestinians
The same sources point out that Foreign You already know what non-governmental organizations and pro-Palestinian associations are preparing to facilitate this type of asylum process for Palestinians. In fact, it was UNHCR who handled that 2016 asylum petition that led to the Supreme Court's ruling. If generalized, they say, they could lead to a barrage of asylum claims. About two million inhabitants live in the Gaza Strip.
It should be remembered that the widespread international position on what is happening in Gaza rules out that it is a genocide. By race, ethnicity, or religion, by definition, it is impossible: 20% of the population of the State of Israel is of Palestinian origin. Neither by nationality: military operations take place only in Gaza and do not affect the West Bank. Therefore, the criterion of extermination « systematic » would not be met in any case.
The controversies between the Spanish and Israeli governments do not stop. One of the last ones occurred just a week ago, during the Armed Forces Day in Spain. At the event held in Oviedo, the Spanish Minister of Defense, Margarita Robles, affirmed that what is happening in the Gaza Strip « is a true genocide ».
« Spain is always very supportive of what is happening in the world, we cannot forget that in Ukraine people are dying, it is being a tremendous war, nor dispense with what is happening in Gaza, which is a true genocide », Robles said in statements to RTVE.
This is the first time that a socialist member of the Government uses the term «genocide» to refer to the war in Israel. And that has caused Israel's reproach again. The Israeli Embassy in Spain has criticized that the minister « has endorsed the false and unfounded account of the terrorist organization Hamas».
