Legal Action Launched in Argentina, Chile to Arrest Israeli Soldier for Gaza War Crimes
An international advocacy group has initiated legal action in Argentina and Chile, seeking the arrest of an Israeli soldier accused of committing war crimes in Gaza, Al Jazeera reports.
The Hind Rajab Foundation, based in Belgium, filed the cases, citing both national and international legal obligations.
The legal efforts target Israeli soldier Saar Hirshoren, identified by the foundation as a member of the 749 Combat Engineering Battalion. Dyab Abou Jahjah, the foundation’s chair, described the battalion as being “systematically involved in the destruction of civilian infrastructure” in Gaza.
Simultaneously, the foundation has filed a complaint against the entire battalion with the International Criminal Court (ICC), accusing it of “war crimes, crimes against humanity and genocide.”
Local prosecutors, working in collaboration with the Hind Rajab Foundation, lodged the criminal complaints in Argentina on December 24 and in Chile the following day, calling for Hirshoren’s arrest. The foundation stated that Hirshoren was initially in Argentina when the first case was filed, before travelling to Chile.
Prosecutors based their case on “video evidence from Hirshoren’s Instagram account, showing him actively participating in the destruction of civilian infrastructure in Gaza.” They allege his actions included “the deliberate demolition of neighbourhoods, cultural sites, and essential facilities,” in violation of international law.
The legal action follows a recent conclusion by Amnesty International that Israel is committing genocide in Gaza. UN rights experts have also made similar determinations regarding the conflict, which began after Hamas attacked southern Israel on October 7, 2023. Since then, over 45,000 Palestinians have been killed in Gaza, with over 107,000 wounded, along with widespread infrastructure damage and a humanitarian crisis. The Hamas attack killed 1,139 people in Israel.
The ICC has already issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, citing “the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts.” In November, the ICC also issued an arrest warrant for Hamas military commander Mohammed Deif for crimes against humanity and war crimes related to the October 7th attack. While Israel has rejected the warrants and maintained its actions are in accordance with international law, advocates argue for broader accountability.
The Hind Rajab Foundation, named after the 6-year-old Palestinian girl killed in Israeli shelling earlier this year, is actively targeting soldiers who have posted evidence of alleged abuses on social media. For instance, Hirshoren reportedly posted a video of himself remotely detonating seven buildings near a mosque in north Nuseirat in October.
The foundation has launched similar legal actions against Israeli soldiers in several other countries, including Ecuador, the Netherlands, France, and Cyprus. They are arguing that countries which are parties to international rights treaties, including the ICC’s Rome Statute and the Geneva Convention, have a responsibility to enforce international law.
The Hind Rajab Foundation previously filed a complaint with the ICC in October, naming 1,000 Israeli soldiers for alleged abuses, including several dual nationals from various countries.
However, no country where the group has taken action has yet sought recourse against the identified soldiers. Neither Chile nor Argentina have responded to the latest appeals for arrest.
