An Israeli army reservist faced a sudden halt to his vacation in Brazil after being accused of committing war crimes in the Gaza Strip. The accusation, based on his alleged participation in the demolition of civilian homes in Gaza, triggered a war crimes investigation in Brazil under the concept of universal jurisdiction.
The legal group behind the case, the Hind Rajab Foundation, utilized geolocation data and the reservist's social media posts to build their case. The reservist, who survived a deadly attack by Hamas in 2023, was shocked by the accusation, describing it as 'a bullet in the heart.'
Universal jurisdiction, a legal principle allowing governments to prosecute individuals for serious crimes regardless of where they were committed, has been invoked in this case. The Hind Rajab Foundation has been active in filing complaints against Israeli soldiers in multiple countries, although no arrests have been made yet.
International law expert Marieke de Hoon explained that crimes like war crimes, genocide, and crimes against humanity are recognized as crimes under international law, giving any state jurisdiction over such offenses.
While the power of universal jurisdiction has been demonstrated in past cases, there are limitations. In the Netherlands, for example, specific criteria must be met for prosecution, such as the victim or perpetrator holding Dutch nationality or the suspect being present in the country throughout the investigation.
The Israeli military has responded to the situation by imposing restrictions on soldiers, including limitations on social media usage and anonymity in news articles. The reservist in question expressed disbelief at the accusations, emphasizing that his social media posts were misinterpreted.
Despite challenges, the Hind Rajab Foundation remains determined to pursue justice through universal jurisdiction, emphasizing that there is no statute of limitations on war crimes.
