Israel Uses 'Battlefield Evidence' to Prosecute Palestinians in Europe

Since Israel launched its latest military campaign in Gaza, Palestinian activist Mohammad Hannoun has become a central figure in protests across Italy. He was arrested in December on charges of raising around €7 million ($8.1 million) for Hamas through the non-profit organization ABSPP that he ran.

Italian Prime Minister Giorgia Meloni expressed “satisfaction and high appreciation” when the “Domino” operation led to nine arrests, including Hannoun, whom Italian authorities described as the “mastermind of the Hamas network in Italy.” However, Italy's Supreme Court last month ordered a “comprehensive reassessment” of the evidence, describing it as “too generic.”

Hannoun's case is not isolated. Last month, Dutch-Palestinian citizen Amin Abu Rashid was acquitted by a Rotterdam court after years of detention. The evidence in his case also relied on Israeli government reports and unverified news articles.

UK-based CAGE International called the verdict “a direct rebuttal to the use of Israeli intelligence as a basis for prosecuting Palestinian humanitarian organizers in Europe.” Anas Mustapha, CAGE's advocacy head, argued that relying on Israeli evidence to prosecute Palestinians is “akin to using information from China to prosecute Hong Kong dissidents.”

According to Nicola Canestrini, Hannoun's defense lawyer, the charging documents lacked a chain of custody, instead being sent from an Israeli official with a secret identity under the codename “Avi”—later identified as intelligence officer Avi Abramson. Evidence was gathered from hard drives in Gaza hospitals seized by Israeli forces, including al-Shifa, al-Rantisi, Jabalia, and the Maghazi refugee camp.

Canestrini argued in court that unverifiable evidence from a country under investigation by the International Criminal Court (ICC) and the International Court of Justice (ICJ) is inadmissible. He said: “There is a short-circuit in the legal system, very dangerous for the rule of law.”

Instead of executing arrest warrants through international cooperation channels, Israel sent documents via “spontaneous exchanges of information”—a measure bypassing Eurojust oversight and UN guidelines on military evidence. Canestrini believes this is a deliberate move to avoid checks that ensure human rights.

The pro-Palestinian movement has faced repression across Europe since the Hamas attack on Israel on October 7, 2023. According to the European Legal Support Center (ELSC), European countries have used “counter-terrorism” and “public order” measures to stifle support for Palestinians in the UK, Germany, the Netherlands, and France.

Italo Di Sabato, national coordinator of the Italian organization Osservatorio Repressione, said activities in solidarity with Palestine are increasingly “equated with terrorism.” He stressed: “If dubious evidence against Hannoun is accepted, it will set a dangerous legal precedent. Israel's goal is to have a free zone where everything is permitted. The Supreme Court's ruling means the rule of law cannot be suspended when it comes to Palestine.”