Hind Rajab Foundation Files Complaint Against Israeli Soldier in Germany Over Gaza War Crimes

Hind Rajab Foundation Files Complaint Against Israeli Soldier in Germany Over Gaza War Crimes

Hind Rajab Foundation Files Complaint Against Israeli Soldier in Germany Over Gaza War Crimes
Berlin (Quds News Network)- The Hind Rajab Foundation (HRF) has filed a criminal complaint in Germany against a dual German-Israeli national, who serves as a tank commander in the Israeli military, for his involvement in "serious war crimes" committed during Israel's assault on Gaza. The group said on Saturday that despite the visual and testimonial evidence submitted, the German Prosecution has so far refused to open an investigation—failing to apply both German national law and its obligations under international law. ​ Barel Kriel served in the 188th Armored Brigade (Barak Brigade) of the Israeli military, a unit that has been heavily involved in operations in the Gaza Strip. Verified videos and images—many recorded and shared by Kriel himself—show the deliberate targeting of civilian infrastructure, indiscriminate shelling of residential neighborhoods, and the glorification of destruction in urban areas, all of which may constitute war crimes under the Geneva Conventions. In one video, a civilian vehicle is seen burning in a schoolyard-like setting, targeted by a Merkava tank’s gunnery system. No military threats or combatants are present. Other footage captures Kriel’s unit shelling residential buildings in civilian zones—actions that clearly violate the principles of distinction and proportionality under international humanitarian law. Germany’s refusal to investigate is “even more alarming considering that Barel Kriel holds German citizenship, HRF said, adding “this fact alone firmly establishes German jurisdiction under its domestic laws, which allow prosecution of German nationals for international crimes committed abroad. Even if Kriel were not a German citizen, his presence on German soil would still trigger Germany’s duty to investigate under the principle of universal jurisdiction, as enshrined in the German Code of Crimes against International Law (VStGB).” “The refusal of the German prosecution to act is a political decision, not a legal one,” said Dyab Abou Jahjah, Chairman of the HRF. “Germany has both the jurisdiction and the legal obligation to investigate. By failing to do so, it is signaling that some perpetrators of war crimes enjoy protection—not because of the law, but because of geopolitics.” Germany’s “selective application of international law not only erodes its credibility as a defender of human rights but also emboldens impunity. The principle of universal jurisdiction was established to prevent precisely this type of selective justice, where political interests override legal responsibility,” it added. The Hind Rajab Foundation is a Belgium-based pro-Palestine group which leads a legal push against Israeli soldiers' war crimes in Gaza. Arrest Warrants Concerns about soldiers being arrested abroad have prompted the military to change procedures regarding the exposure of soldiers to the media. In January, the military said in a statement that troops under the rank of brigadier general will now have their faces blurred in pictures or interviewed from the back and their full names concealed, similar to the current conduct when interviewing members of special forces and the Israeli Air Force. Today, only those of the rank of brigadier general and above will be shown without hiding their faces and full names. Soldiers in lower ranks will only be presented by the first letter of their given name. Photographs will be taken from behind or edited and will be subject to approval by the military before publishing. Those with multiple citizenship will also have their identities hidden from the media. Soldiers being interviewed may also not be “linked” to a specific incident of combat under the new guidelines. Additional procedures will also include guidance from the International Law Department of the Army's Military Prosecution for each soldier and officer before any interview or media appearance. Accusations of War Crimes Recently, Israeli media published a guide for soldiers on how to avoid arrest when traveling abroad. Entitled "Here's how to act if arrested abroad and what to check before flight", Israeli news site Ynet published the guide, featuring advice from Nick Kaufman, a defense lawyer at the International Criminal Court (ICC) in The Hague. He says that "any detained Israeli - whether a civilian or a soldier - is entitled to consular assistance". "Soldiers who post videos online provide hostile organizations with potential evidence to support suspicions against them.” Describing videos of Israeli soldiers singing "racist songs" as "seemingly minor content", he advises soldiers to "avoid posting photos or videos from their service, especially content showing destroyed buildings, even if there’s a military justification". The guide also warns soldiers and officers in the military to consult an international criminal law expert before traveling anywhere, warning that "even friendly nations like the UK, France and Spain" may conduct arrests. It adds that insurance companies do not provide coverage "for arrests abroad related to alleged criminal acts". Israeli newspaper Haaretz also reported that Israeli officials have begun coordinating with local law firms internationally to provide immediate legal assistance to Israeli officials facing prosecution for their actions in Gaza and already warned soldiers and reservists against travel abroad. Israeli legal officials are working to prevent investigations or arrests, according to Haaretz, although many note that statements by government members undermine efforts to defend soldiers. Additionally, the report noted that the Military Advocate General's Corps, the Israeli foreign ministry, the National Security Council, and the Shin Bet intelligence agency have formed a joint task force to analyze the risks to soldiers traveling abroad and are monitoring investigations. These actions followed a Brazilian court's order in January for police to investigate a former Israeli soldier, who was in Brazil on vacation, for war crimes in Gaza, based on a complaint filed by the Hind Rajab Foundation. However, Israel helped the soldier to flee the country. 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”. Israel’s Foreign Ministry also announced that it had helped the former soldier leaving Brazil on a commercial flight, after what it described as “anti-Israel elements” pushed for an investigation. This case represented the first time a member of the ICC has independently enforced its founding Rome Statute provisions without depending on the court itself to act. “This is a historic moment,” said Dyab Abou Jahjah, the chairman of HRF. “It sets a powerful precedent for nations to take bold action in holding perpetrators of war crimes accountable.” In October 2024, the HRF filed a complaint with the International Criminal Court (ICC) against 1,000 Israeli soldiers for war crimes, crimes against humanity and genocide in Gaza. It said the complaint is “supported by over 8,000 pieces of verifiable evidence – including videos, audio recordings, forensic reports, and social media documentation – demonstrates the soldiers’ direct involvement in these atrocities.” It noted that soldiers were named and were all “located in Gaza during the genocidal assault, and the evidence reveals their participation in violations of international law.” It added that it provided evidence that they had taken part in the “destruction of civilian infrastructure … Illegal occupation and looting … Participation in the Gaza blockade … Targeting civilians … Use of inhumane warfare tactics,” which are violations under international law. The soldiers named include “high-ranking officers and commanders responsible for planning and executing military operations in Gaza,” individuals with dual citizenship, “including 12 from France, 12 from the United States, 4 from Canada, 3 from the United Kingdom, and 2 from the Netherlands,” and soldiers “who have openly boasted about their war crimes on social media,” it explained. In December, the Israeli military reportedly warned dozens of soldiers against traveling abroad, after some 30 soldiers who served in the Gaza genocide had war crimes complaints filed against them. Soldiers have been identified from videos and images they posted online that were taken during their service in Gaza. In January, Channel 12 reported that the Foreign Ministry knows of at least 12 cases in which complaints have been filed abroad against Israeli soldiers accusing them of war crimes in Gaza.