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TEMPO.CO, Jakarta - An Israeli soldier accused of war crimes has fled Brazil amid an investigation into his actions in Gaza, local media reported on Sunday, January 5, 2024, as reported by Middle East Eye.
The Hind Rajab Foundation (HRF), a pro-Palestinian advocacy organization, filed a criminal complaint last week accusing the soldier, who was in Brazil as a tourist, of being involved in the Israeli military’s systematic destruction of civilian homes in Gaza.
On Saturday, a Brazilian court instructed police to investigate the soldier for war crimes.
In a statement, the HRF accused Israel of orchestrating his departure to obstruct justice, adding that “there are also indications that evidence is being destroyed”.
The HRF submitted more than 500 pages of evidence to the court, including video footage, geolocation data and photographs showing the suspect planting explosives and participating in the destruction of entire neighborhoods.
“This individual actively contributed to the destruction of homes and livelihoods, and his own statements and behavior are clearly in line with the genocidal objectives in Gaza,” said Maira Pinheiro, a lawyer for the HRF.
Palestinian families whose homes were destroyed by Israeli forces have joined the HRF case as plaintiffs.
The case is the first time a state party to the Rome Statute has independently enforced its provisions without relying on the International Criminal Court (ICC).
"This is a historic moment," said HRF chairman Dyab Abou Jahjah. "It sets a strong precedent for states to take decisive action to hold war crimes perpetrators accountable."
The foundation has filed similar complaints in other countries, including one against Israel's military attaché in Brussels and another involving a soldier traveling in Sri Lanka.
There is growing concern in Israel that decisions by the ICC could lead to arrests and investigations for war crimes.
Warnings not to travel abroad
Last month, the Israeli Defense Forces (IDF) warned about 30 soldiers and officers fighting in the Gaza Strip not to travel abroad after anti-Israel and pro-Palestinian groups filed complaints against them for alleged war crimes, the Times of Israel reported.
In eight cases, soldiers who traveled abroad were immediately ordered to return because of fears they would be arrested or interrogated by the countries they visited, the Ynet news site reported. The soldiers visited Cyprus, Slovenia and the Netherlands.
The report said the IDF does not prohibit soldiers from traveling abroad, but carries out a “risk assessment” for soldiers serving in Gaza before approving their requests.
IDF soldiers fighting in Gaza are advised to first check with the Foreign Ministry about the level of danger in any country they wish to visit.
Officials are concerned that in addition to local legal action, some senior officers could face prosecution at the International Criminal Court, which has issued arrest warrants for Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, on suspicion of war crimes.
IDF sources told Ynet that there are concerns that individual proceedings against soldiers and lower-ranking officers who traveled abroad could be based on rulings from the Hague court and evidence gathered from social media or media reports.
The soldiers were identified from videos and pictures they posted online that were taken during their service in Gaza, although since the beginning of the ground operation in the Gaza Strip, the IDF instructed troops not to publish such images amid concerns that such material could be used against them in war crimes proceedings.
Anti-Israel activists are closely monitoring the social media accounts of soldiers who have posted such material in case they also publish images from trips abroad, at which point activists plan to file lawsuits against them, Ynet reported.
Soldiers who plan to travel abroad are advised not to post any images that show their location.
IDF legal experts have assessed that the ICC would not go after low-ranking officers and soldiers who carry out the orders of the political leadership, the report said. Moreover, the ICC is unlikely to get involved because of the principle of “complementarity,” in which a democratic state like Israel is trusted to prosecute criminal activity through its own judicial system.
However, officials are concerned that senior commanders such as the heads of the IDF’s northern and southern commands, or IDF Chief of Staff Herzi Halevi, could be targeted by the ICC, the report said, although no such move has been seen.
Israel will provide full support through its local diplomatic offices to any soldier who is arrested or detained for questioning, or who feels threatened by activists while abroad, the IDF sources said.
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