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Accused of war crimes, Israeli soldiers targeted by complaints abroad

https://international.la-croix.com/world/accused-of-war-crimes-israeli-soldiers-targeted-by-complaints-abroad

Israel is concerned about the filing of complaints against soldiers suspected of war crimes in Gaza while they are on vacation abroad. The Hind Rajab Foundation, based in Brussels, is very active and behind the initiation of about ten such cases.

Following the investigation opened against Israel for genocide and the arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant, Israeli soldiers have been targeted by complaints for war crimes.

The strategy came to light January 5 when Yuval Vagdani, an Israeli soldier vacationing in Brazil, fled the country after being alerted by his embassy that he risked being arrested. A local court had opened an investigation against him following a complaint filed by the Hind Rajab Foundation. In a 500-page dossier supported by videos, images, and geolocation data, the foundation accused the 21-year-old soldier “of participating in massive demolitions of civilian homes in Gaza during a systematic destruction campaign.”

Based in Belgium, the Hind Rajab Foundation, named after a six-year-old girl killed by an Israeli strike in Gaza in February 2024, stated on its website that it works through “offensive litigation” to “hold these actors accountable in international and national courts, challenging the culture of impunity that has allowed these crimes to persist.”

Evidence left by ordinary soldiers

The Brazilian case is not isolated. Based on the long-established principle of universal jurisdiction in international law, the foundation has filed about ten other complaints against soldiers present in Chile, Argentina, Thailand, France, Belgium, and Sri Lanka. However, authorities have not pursued these cases further.

“Legal battles have become a tool for human rights organizations, particularly since South Africa initiated judicial proceedings against Israel and arguments were made for genocide in Gaza,” noted Nick Kaufman, a defense attorney at the International Criminal Court. He described receiving calls from soldiers worried about future travels.

This concern is “overstated,” said the international criminal law specialist, though he believed accused soldiers should face prosecution. “While such complaints previously targeted officers, they now focus on ordinary soldiers,” the lawyer notes, “particularly those who publicly post their criminal actions in Gaza on social media, leaving behind evidence that anyone can archive.”

Thousands of photos and videos

“Flattened, it’s better for you, Rafah,” read a caption on a photo of ruins at sunset; “Magnificent. This is the joy of life,” soldiers celebrated after blowing up a neighbourhood... Despite warnings from an army that claims to La Croix to be “working to address exceptional incidents,” thousands of Israeli soldiers have posted videos and images of their operations in Gaza. These posts provided material that Telegram channels like “Israel Genocide Tracker” or organisations like the Hind Rajab Foundation collect, cross-check, and archive.

According to the Israeli daily Haaretz, a team comprising the military prosecutor’s office, the Ministry of Foreign Affairs, the National Security Council, and the domestic intelligence services has been established to assess the risks faced by soldiers, monitor ongoing investigations, and provide legal assistance.

The Ministry of Foreign Affairs stated on Sunday that it “is drawing Israelis’ attention to their social media posts and to the fact that anti-Israel elements could exploit these posts to initiate frivolous legal proceedings against them.” Kenneth Roth, former director of Human Rights Watch, commented on X (formerly Twitter): “Instead of ensuring its troops do not commit war crimes in Gaza, Israel warns them not to post their actions on social media.”