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"The actions of Sergeant A and his platoon demonstrate systematic violations of international humanitarian law, targeting civilians and protected infrastructure," HRF stated.
By MATHILDA HELLER JANUARY 19, 2025 01:54
Hind Rajab Foundation complaint
(photo credit: Screenshot/Instagram)
The Hind Rajab Foundation (HRF) has filed yet another war crimes complaint against an IDF soldier in Barcelona, the organization announced on its website on Saturday.
The Belgium-based group has filed multiple complaints over the last few months, including recently against soldiers in Thailand and Sweden, COGAT lead Major General Ghassan Alian in Rome, and multiple others.
At the beginning of 2025, Brazilian authorities decided to place an arrest warrant for an Israeli soldier on holiday, on the basis of the HRF complaint. The soldier subsequently was forced to flee Brazil into Argentina, before returning to Israel via Miami.
The Barcelona complaint has been lodged against Sergeant A of the Givati Brigade, who HRF accuses of "genocide, crimes against humanity, and war crimes."
"The actions of Sergeant A and his platoon demonstrate systematic violations of international humanitarian law, targeting civilians and protected infrastructure," HRF stated.
The complaint was made in conjunction with the Palestinian Community in Catalonia, which posted on its the social media that the complaint was launched based on evidence of Sergeant A "targeting a UN school with a grenade launcher, demolishing civilian homes, and indiscriminately firing on civilians in Gaza."
On its website, HRF cites extensive evidence of Sergeant A's "crimes" from January to March 2024.
This includes the following: the alleged use of a civilian home in Gaza for military use on January 15, 2024; the use of a grenade launcher to attack a clearly marked UN school in Gaza City; the controlled demolition of two civilian homes in Khan Younis on February 29, 2024; and indiscriminate shooting at civilian homes while being cheered on by fellow soldiers.
The organization also accuses Sergeant A's platoon of forced displacement of Gazan civilians.
Legal framework
According to the complaint, the above incidents serve as proof of international and Spanish law violations.
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Under Article 608 of the Spanish Penal Code, the attack on the school constitutes a war crime.
It is worth noting that Hamas and other Gazan terrorist groups frequently use UN and other schools for military purposes. In just two months between August and October 2024, the IDF has carried out almost twenty airstrikes on Hamas command centers inside schools in Gaza.
According to international law, a hospital or school may become a legitimate military target if it is being used by the enemy for military operations.
The UN states, "Schools used for military purposes by a party to conflict can be considered targets that maybe lawfully attacked by the opposing party to conflict."
The HRF complaint also cites Spanish law Articles 607 [crimes of genocide] and 607 bis [crimes against humanity], which align with the Convention on the Prevention and Punishment of Genocide and the Rome Statute of the International Criminal Court.
Under Article 23.4 of its Organic Law 6/1985, Spain has the jurisdiction to prosecute a foreign national residing in Spain for genocide and other international crimes.
"The Hind Rajab Foundation urges Spanish authorities to take immediate action by investigating and detaining Sergeant A to ensure accountability for the atrocities committed," HRF said.
The name of the soldier has been redacted in order to protect the safety and identity of the soldier.
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