The Hind Rajab Foundation has filed a criminal complaint in Germany against an Israeli soldier residing in Berlin, accusing him of war crimes and crimes against humanity. The complaint, lodged with the German Federal Prosecutor in Karlsruhe, calls for the immediate arrest of the individual, Elkana Federman, alleging his direct involvement in acts of torture and the systematic obstruction of humanitarian aid to the Gaza Strip.
Federman, identified as a member of the 94th Battalion (Duchifat) of the Kfir Brigade and the extremist organization “Tzav 9,” faces accusations under Germany’s Code of Crimes Against International Law. The Foundation asserts that it possesses extensive digital evidence demonstrating Federman’s complicity in the alleged crimes. This evidence, according to the Foundation’s statement, includes videos and public statements where Federman boasts about mistreating Palestinian detainees and glorifying such actions.
Specifically, the complaint highlights an interview where Federman purportedly brags about taking his dog “to Gaza as a fighter,” claiming the dog “dealt with Palestinian prisoners” at the Sde Teiman detention center in the Negev. This detention center has been the subject of scrutiny by human rights organizations, including the Israeli NGO B’Tselem, which have documented allegations of systematic torture, sexual violence, and inhumane treatment.
Furthermore, the Hind Rajab Foundation contends that multiple videos and social media posts show Federman personally participating in and encouraging the obstruction of trucks carrying food and medicine to the Gaza Strip. They emphasize his prominent role in “Tzav 9,” a far-right Israeli group sanctioned by the United States in 2024 for obstructing humanitarian aid convoys destined for Gaza. The US Treasury Department has designated Tzav 9 as undermining efforts to provide essential humanitarian assistance to civilians.
The Foundation is urging German judicial authorities to launch a criminal investigation into Federman, order his pre-trial detention to prevent potential flight, and issue a European arrest warrant to ensure his apprehension within the European Union. They argue that Germany’s universal jurisdiction allows it to prosecute crimes under the German Penal Code regardless of the perpetrator’s nationality or the location where the crimes were committed. This principle of universal jurisdiction allows states to prosecute individuals for certain heinous crimes, regardless of where they occurred or the nationality of the perpetrator or victims, reflecting the gravity of the alleged offenses against international law.
Diab Abu Jahjah, director of the Hind Rajab Foundation, stated that Federman’s behavior, “proudly displayed online and tolerated in Israeli society, embodies the cruelty and impunity that have characterized this genocide [in the Gaza Strip]. Germany has the legal authority and the moral obligation to act.” Abu Jahjah’s strong statement underscores the Foundation’s commitment to holding individuals accountable for alleged war crimes and crimes against humanity.
The complaint against Federman follows a similar action taken by the Hind Rajab Foundation in Germany against Israeli officer Shimon Avi Zuckerman. Other non-governmental organizations have also initiated legal proceedings targeting an Israeli sniper. These actions are part of a broader legal campaign launched by the Hind Rajab Foundation to expose and prosecute war crimes and crimes against humanity allegedly committed during Israel’s military operations in Gaza. The Foundation aims to leverage international legal mechanisms to seek justice and accountability for victims of the conflict.
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The Hind Rajab Foundation was established in memory of Hind Rajab, a six-year-old Palestinian girl who was tragically killed in Gaza in January 2024. Hind’s story gained international attention after she was trapped in a car with her deceased relatives, desperately pleading for help in a phone call to the Palestinian Red Crescent Society. The circumstances surrounding Hind’s death remain disputed, but her name has become a symbol of the suffering of children in the Gaza conflict.
The legal actions undertaken by the Hind Rajab Foundation highlight the complexities and challenges of pursuing accountability for alleged war crimes and crimes against humanity in the context of the Israeli-Palestinian conflict. The principle of universal jurisdiction offers a potential avenue for prosecution, but its application can be subject to legal and political considerations. The German authorities will now need to assess the evidence presented by the Hind Rajab Foundation and determine whether there is sufficient basis to initiate a criminal investigation and potentially pursue extradition or prosecution of Elkana Federman.
The case is likely to attract significant attention, both in Germany and internationally. It raises important questions about the role of international law in addressing alleged war crimes and the potential for holding individuals accountable for their actions in armed conflicts. The outcome of the case could have broader implications for the pursuit of justice and accountability in similar situations around the world. The DZWatch will continue to monitor developments in this case and provide updates as they become available.
It is important to note that these are allegations, and Elkana Federman is presumed innocent until proven guilty in a court of law. The German legal system will need to carefully consider the evidence presented by the Hind Rajab Foundation and ensure that Federman’s rights are fully protected throughout the legal process. The principles of due process and fair trial are fundamental to the rule of law, and it is essential that these principles are upheld in this case.
The DZWatch strives to provide balanced and objective reporting on all issues related to the Israeli-Palestinian conflict. We will continue to provide updates on this case and other relevant developments as they unfold. The views expressed in this article are those of the Hind Rajab Foundation and do not necessarily reflect the views of DZWatch.
