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Hind Rajab Foundation Files War Crimes Cases against an Israeli War Criminal in ICC, Austria And Germany a.o.

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The Hind Rajab Foundation has initiated legal proceedings against Dror Zvi Bauer, an Israeli soldier in the 614th Battalion, Engineering Corps, accused of war crimes, crimes against humanity, and genocide during the ongoing onslaught on Gaza since October 2023.
Legal complaints have been filed with the International Criminal Court (ICC) as well as with national authorities in Austria, Germany, and other European jurisdictions. These actions underscore the Foundation’s commitment to utilizing every available legal mechanism to ensure accountability for international crimes.

Allegations and Evidence

Based on the available evidence, there is strong suspicion that the accused participated in the arbitrary and internationally unlawful destruction of civilian facilities in Gaza (including private homes, hospitals, schools, and aid facilities).
According to the enclosed video recordings, the criminal acts occurred in Gaza City and Beit Lahia.
Furthermore, the suspect publicly incited hatred and violence against the Palestinian population online, endorsing the killing of Palestinian people and the destruction of their homes in videos. He declared that there were "no uninvolved civilians in Gaza," implying that women, the elderly, and children were not considered innocent.
The suspect openly posted these crimes on the “Instagram” platform. The complainant has secured the following evidence and provided it to the prosecutor:

  • Video dated November 14, 2023: Shows the suspect, along with other Israeli soldiers, preparing a civilian facility—specifically the home of a
  • Palestinian family—with explosives, saying, "If I don’t see a home, no one has a home."
  • Video dated November 15, 2023: The suspect is present as an Israeli bulldozer demolishes a civilian house in Gaza.
  • Video dated November 24, 2023: The suspect is seen destroying humanitarian aid facilities and engaging in vandalism at the Zaid Ben Hartha
  • School, a school founded by the German government.
  • Video dated November 26, 2023: The suspect prepares another Palestinian private house with explosives, films another soldier causing an explosion, and speaks of “revenge” against displaced Palestinians.

Legal Basis for the Complaints

The legal actions against Bauer are grounded in multiple international and domestic laws, as follows:

International Criminal Court (ICC)

The ICC’s jurisdiction is invoked under the Rome Statute, which defines the following crimes:

  1. Genocide (Article 6): Acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, such as:
    • Killing members of the group.
    • Causing serious bodily or mental harm to members of the group.
    • Deliberately inflicting conditions of life calculated to bring about the group’s physical destruction.
  3. Crimes Against Humanity (Article 7): Widespread or systematic attacks directed against civilian populations, including:
    • Murder.
    • Persecution against an identifiable group on political, racial, or religious grounds.
  5. War Crimes (Article 8): Grave breaches of the Geneva Conventions, including:
    • Extensive destruction of property not justified by military necessity.
    • Deliberate attacks on civilian objects.
    • Intentionally directing attacks against humanitarian assistance facilities.

Austria: Strafgesetzbuch (StGB)

The Austrian legal framework incorporates international criminal law under the following provisions:

  1. Section 321a (Genocide): Engaging in acts aimed at the destruction of a group, including killing or causing severe harm to its members.
  2. Section 321b (Crimes Against Humanity): Systematic attacks targeting civilian populations, including persecution and the destruction of homes and infrastructure.
  3. Section 321c (War Crimes): Violations of international law during armed conflicts, including attacks on civilian objects and humanitarian operations.
  4. Section 173(2)(1) StPO: Pre-trial detention to prevent flight risks, as requested by the Hind Rajab Foundation, citing Bauer’s Israeli residence and potential evasion of prosecution.

Germany: Völkerstrafgesetzbuch (VStGB)

Germany’s Code of Crimes Against International Law provides the following relevant legal basis:

  1. Section 6 (Genocide): Acts intended to destroy a group, including killing, inflicting harm, and creating conditions to destroy the group.
  2. Section 7 (Crimes Against Humanity): Widespread or systematic attacks, including murder, persecution, and destruction of civilian infrastructure.
  3. Section 9 (War Crimes Against Property): Extensive destruction or appropriation of property without military justification.
  4. Section 10 (War Crimes Against Humanitarian Operations): Attacks directed at humanitarian operations or facilities.

Urgency and Call for Action

The Foundation has emphasized the necessity for immediate action, citing:

  • Pre-trial Detention and European Arrest Warrant (EAW): To prevent Bauer from fleeing, requests for detention and inclusion in the Schengen Information System (SIS) have been made.
  • Legal Precedent: The complaints draw parallels with jurisprudence established for complicity in systematic atrocities, highlighting Bauer’s alleged contribution to the broader machinery of violence in Gaza.

The Hind Rajab Foundation’s legal strategy combines international and domestic legal mechanisms to hold Bauer accountable for grave violations of international law. These filings aim not only to secure justice for victims in Gaza but also to reinforce the principle that no individual, regardless of rank or nationality, is above the law.