New Delhi: Shortly after a Brazilian court ordered an investigation against an Israeli soldier who was vacationing in Brazil over allegations of war crimes committed in Gaza, he fled to Argentina to avoid an arrest warrant.
The court’s decision came in response to a complaint filed by the Hind Rajab Foundation (HRF) – an organisation working on pursuing legal recourse against Israel’s alleged human rights violations and war crimes in Palestine.
The court order was passed by Federal Judge Raquel Soares Charelli during a special session held on December 30, HRF said in a statement.
HRF had accused the soldier of “participating in massive demolitions of civilian homes in Gaza during a systematic campaign of destruction,” the Jerusalem Post reported.
“These acts are part of a broader effort to impose unbearable living conditions on Palestinian civilians, constituting genocide and crimes against humanity under international law,” the accusation on the official HRF website added.
The organisation said it had evidence, including video footage, geolocation data and photographs, purportedly showing the soldier planting explosives and “participating in the destruction of entire neighbourhoods.”
“This is not a case of distant command. This individual actively contributed to the destruction of homes and livelihoods, and his own statements and behaviour clearly align with the genocidal objectives in Gaza,” HRF’s lead lawyer, Maira Pinheiro said.
The case is based on the Rome Statute, to which Brazil is a signatory, granting universal jurisdiction over war crimes, genocide, and crimes against humanity. Pinheiro explained that Brazilian law provides jurisdiction to investigate such crimes when the suspect enters the country, even if the alleged acts occurred abroad.
The Metrópoles newspaper reported that it accessed more than 500 pages of court documents related to the case.
Israel’s public broadcaster KAN reported that the soldier was not detained and received support from Israeli officials.
“The Consular Affairs Department at the foreign ministry and the Israeli Embassy in Brazil contacted the Israeli citizen and his family, providing support throughout the incident until his swift and safe departure from Brazil,” a statement released by the Israeli foreign ministry read.
The ministry also warned that social media posts by Israeli citizens about their military service could be ‘exploited by anti-Israeli groups’ to initiate legal actions.The HRF accused Israel of obstructing justice by facilitating the soldier’s exit from Brazil.
A soldiers’ guide
A commentator on X, @TameeOliveFern, has drawn attention to a ‘A guide for IDF soldiers‘ published by an Israeli portal, which offers pointers on “how to act if arrested abroad and what to check before flight.”
The piece quotes attorney Nick Kaufman, a defence lawyer at the International Criminal Court in The Hague as saying, “Soldiers should avoid posting photos or videos from their service, especially content showing destroyed buildings, even if there’s a military justification.”
He also says, “Some countries might treat seemingly minor content, such as racist songs, as incitement to genocide.”
At one instance, the attorney says that funding the defence of one soldier accused of war crimes would set a precedent – which the X commentator simplifies as “there are simply too many war crimes for us to defence.”
“there are simply too many war crimes for us to defend” pic.twitter.com/mnHhFaB1jZ
— Tameem | تميم (@TameeOliveFern) January 5, 2025
When the news portal asks Kaufman if the ‘threat’ of soldiers being arrested for war crimes will diminish after the attacks end, he says, “The threat may not diminish and could even intensify as Gaza opens to human rights groups and foreign journalists.”
Notably, Israel has closed avenues of access to Gaza for both groups.
