Madrid - Spanish judge Fernando Andreu will pursue his probe into a 2002 Israeli bombing in Gaza Strip, because the country itself did not investigate the attack, judicial sources said Friday.

Andreu intends to investigate former Israeli defence minister Benjamin Ben-Eliezer and six military officers or officials over the attack, which killed Hamas leader Salah Shehade and 14 others, including several children.

Andreu believes the attack could constitute a crime against humanity.

The probe is based on a complaint lodged by a Palestinian human rights group at Spain's National Court.

Documents supplied by Israel show that the country itself did not carry out a judicial investigation into the bombing, the sources said.

Andreu therefore deemed himself competent to pursue his investigation, which has created some tension between Spain and Israel.

The Israeli Supreme Court found an investigation unnecessary on the grounds that the attack was preventative and that the collateral damage was justified, the sources explained.

Andreu now plans to inform the suspects about the proceedings and to travel to Gaza to question plaintiffs, witnesses and victims.

The Spanish government has told Israel that it plans to limit the possibilities of Spanish courts to investigate possible human rights abuses in other countries. (dpa)