Middle East Eye
centerREPORTSecond Israeli soldier accused of Gaza war crimes leaves India after complaint
Full BriefGenerated 23d ago
What Happened
A second Israeli soldier accused of war crimes in the Gaza Strip left India in mid-September, a lawyer close to the case told Middle East Eye. The soldier, whose identity has not been made public, was the subject of a criminal complaint filed in August by the Hind Rajab Foundation (HRF). HRF alleged the former service member may have been involved in war crimes, crimes against humanity and acts of genocide, citing evidence that he documented his personal involvement in the unlawful destruction of civilian property during operations in the Khan Younis Governorate between March and April 2024. Satellite footage obtained by HRF showed that Israeli forces had carried out the destruction of civilian homes after they had already established control over the area. It remains unclear whether the soldier's departure was prompted by the complaint or whether his holiday had simply ended. The case follows an earlier HRF complaint in June against Eitan Gilboa, a soldier with Israel's 271st Combat Engineering Battalion, for demolishing civilian property in Gaza; Gilboa reportedly left India days after that filing.
Key Actors
- ·Hind Rajab Foundation (HRF)(Legal advocacy organisation pursuing universal jurisdiction complaints against Israeli soldiers)Filed criminal complaints in India against two Israeli soldiers for alleged war crimes in Gaza and demanded that India comply with its international obligations.
- ·Indian government(State authority with jurisdiction over the complaints and diplomatic relations with Israel)Facing criticism for not pursuing the complaints; Foreign Minister S Jaishankar said multilateralism is best served when international law is scrupulously observed.
- ·Unnamed Israeli soldier(Former Israeli service member accused of war crimes in Gaza)Left India in mid-September after an HRF criminal complaint was filed against him in August; his departure may or may not be linked to the complaint.
- ·Eitan Gilboa(Israeli soldier with the 271st Combat Engineering Battalion and subject of a June HRF complaint)Accused of demolishing civilian property in Gaza; reportedly left India days after the complaint was filed.
Why It Matters
The case highlights efforts by legal advocacy groups to use universal jurisdiction to hold Israeli soldiers accountable for alleged war crimes in Gaza, testing India's willingness to act despite its close diplomatic and military ties with Israel. India is not a signatory to the Rome Statute and therefore has no obligation to arrest Israeli Prime Minister Benjamin Netanyahu or Finance Minister Bezalel Smotrich, but HRF argues India must still comply with international obligations regarding war crimes. The episode also draws attention to India's military support for Israel, including Amnesty International's report that Indian state-owned and private companies shipped at least 2,596 consignments of arms, ammunition and military components to Israel between 7 October 2023 and 30 November 2025.
Watch For
Monitor whether Indian authorities open any formal inquiry into the two HRF complaints or issue any arrest or extradition orders, and whether further HRF complaints target Israeli soldiers visiting India. Also watch for any Indian government response to the departures, changes in arms export policy following the Amnesty report, and any further statements from Foreign Minister Jaishankar during the current UN General Assembly session.
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