An IDF Soldier wanted for suspected war crimes in Gaza has evaded a formal investigation by Brazilian authorities following a criminal complaint filed by the Hind Rajab Foundation, with assistance by Israel’s diplomatic office.
In a groundbreaking legal move, a Brazilian court ordered the investigation into the so-far unnamed suspected war criminal who is alleged to have participated in widespread demolitions of civilian homes in Gaza as part of a genocidal campaign of destruction.
Brazil’s Federal Court of the District, in coordination with the Federal Prosecutor, had directed the Federal Police to urgently investigate and act on the matter, marking a significant step toward global accountability for Israeli war crimes in Gaza.
The Belgium-based Hind Rajab Foundation (HRF) – which takes its name from the little girl that IDF soldiers massacred as she was on the phone pleading for help with local emergency services during an Israeli attack – continues to call on the global community to support its efforts and reaffirm the principles of justice and the rule of law.
In November of last year, the International Criminal Court (ICC) issued arrest warrants for two of Israel’s top leaders, including its Prime Minister. Now 125 ICC member states are required to arrest Netanyahu and Gallant if they enter their territory, including France and the United Kingdom.
Allegations of Genocide and Crimes Against Humanity
The HRF complaint in Brazil centered on accusations that the IDF soldier who was visiting the country as a tourist directly participated in acts that aim to impose unbearable living conditions on Palestinians, constituting genocide and crimes against humanity under international law.
The evidence presented included video footage, geolocation data and photographs which showed the soldier directly involved in planting explosives and overseeing the destruction of entire neighborhoods.
“This is not a case of distant command,” said Maira Pinheiro, the HRF’s lead lawyer. “This individual actively contributed to the destruction of homes and livelihoods, clearly aligning with genocidal objectives.”
Plaintiffs’ Pursuit of Justice
Families whose homes were destroyed have joined the case as plaintiffs, granting power of attorney to the HRF’s legal team. HRF Chairman Dyab Abou Jahjah commended their courage, stating, “This case is about seeking accountability and restoring dignity to those whose lives have been torn apart.”
The HRF had called for the soldier’s immediate arrest, citing risks of flight and potential evidence destruction.
But, according to Brazilian media and corroborated by the Times of Israel (ToI), the soldier hurriedly left Brazil following the court’s order.
Israeli news outlet Channel 12 quoted the soldier’s father saying that the family received a message from an Israeli diplomatic office warning of an arrest warrant. The soldier reportedly crossed the border early Sunday morning.
A Historic Moment for International Justice
This case is notable for being the first instance of a signatory state to the Rome Statute directly enforcing its provisions without deferring to the ICC. HRF Chairman Dyab Abou Jahjah called it “a powerful precedent for nations to take bold action in holding war criminals accountable.”
The Federal Court’s orders underline the urgency of the investigation, instructing the Federal Police to act swiftly. The HRF has urged Brazilian authorities to follow through without delay, underscoring the significance of this case in the global fight for justice and accountability.
HRF’s Broader Campaign Against War Crimes
The Hind Rajab Foundation has been at the forefront of legal actions targeting alleged war crimes by Israeli military personnel. Named after a six-year-old girl murdered by the IDF in Gaza, the HRF has filed similar complaints in Argentina and Chile, as well as with the International Criminal Court (ICC).
In Argentina, the HRF’s complaint against another soldier, Saar Hirshoren, included social media posts showing him actively participating in demolitions and video evidence of destroyed infrastructure in Gaza.
Global Implications
The HRF’s campaign highlights the growing role of civil society organizations in pursuing justice for war crimes. Brazil taking decisive actions could inspire other jurisdictions to enforce international law and hold individuals accountable for atrocities committed during Israel’s ongoing genocide in Gaza.
In December of last year, a leaked European Union document revealed that European foreign ministers were presented with substantial evidence of war crimes by Israel in Gaza but chose not to act. The 35-page assessment, prepared by Olof Skoog, the EU’s special representative for human rights, highlights potential violations of international humanitarian law and even genocide. Despite this, the EU Council rejected a proposal to suspend arms sales and political dialogue with Israel.
The document outlined the civilian toll in Gaza, where over 45,000 have died since the conflict began in October 2023, and raised serious allegations against the Israeli Defense Forces for indiscriminate attacks. It also criticized EU member states like Germany and France for continuing arms exports to Israel, risking complicity in these crimes.
Experts said the report could strip EU politicians of “plausible deniability” and pave the way for international war crimes trials. Critics argue the EU’s inaction represents political complicity in the ongoing violence, with history — and perhaps the International Criminal Court — set to judge harshly.
