A court in Chile is reviewing a criminal complaint against an Israeli sniper who served in Gaza during the regime's two-year genocidal war on the Palestinian territory, in a case under the principle of universal jurisdiction.
The Brussels-based Hind Rajab Foundation (HRF), named after a Palestinian girl killed in Gaza in January 2024, said it filed the complaint before the 8th Guarantee Court in Santiago, seeking the investigation and prosecution of Israeli sniper Rom Kovtun.
According to the filing, Kovtun took part in the siege and destruction of Gaza’s largest hospital, al Shifa, between March and April 2024 in Gaza City.
HRF argues that Chilean courts have jurisdiction because the country has incorporated the Rome Statute of the International Criminal Court (ICC) into domestic law, allowing the prosecution of genocide, crimes against humanity and war crimes regardless of where they were committed.
“The targeting and destruction of a functioning hospital during a military siege strike at the core of international humanitarian law,” said Dyab Abou Jahjah, director of the Hind Rajab Foundation.
“When there is evidence suggesting a sniper’s involvement in such an operation, domestic courts have a duty to act. Universal jurisdiction exists to ensure that grave crimes do not escape scrutiny simply because they were committed abroad,” he added.
Kovtun’s social media posts revealed he was vacationing in the country, opening the door to “universal jurisdiction,” according to legal experts.
HRF says it has built several cases relying in part on publicly available online material posted by Israeli soldiers themselves.
The foundation has filed a series of legal complaints targeting Israeli forces. While none have yet resulted in a conviction, some countries have taken preliminary steps. Peru, for example, last year opened an investigation into an Israeli soldier over crimes committed in Gaza.
On March 18, the Israeli military launched its raid on Gaza’s largest hospital, al Shifa--a medical facility that had been serving not only as a medical facility but also as a shelter for displaced civilians, in addition to housing patients and medical staff.
According to survivors and witnesses, Israeli forces carried out executions of civilians during the assault on the facility, including children. Medical staff, including doctors and nurses, were detained and allegedly mistreated during the invasion.
After Israeli forces withdrew, hundreds of Palestinian bodies were found in and around the hospital complex, some reportedly showing signs of restraint and abuse.