 This article recounts the key details of the international criminal case filed by the Hind Rajab Foundation (HRF) in Brazil against Yuval Vagdani, tracing the pivotal moments and their aftermath. After participating in civilian home demolitions in Gaza—posing and smiling for pictures while planting explosives and laughing amid the destruction—Vagdani decided to take a vacation in Brazil. Despite his actions, which amount to war crimes under international law, he believed himself untouchable, far from the reach of accountability. Little did he know, what was to come  A Landmark Case: Brazil Takes Steps to Enforce Justice for War CrimeThe Hind Rajab Foundation, on behalf of the families whose homes were destroyed by Vagdani, filed a criminal complaint to the Brazilian Federal Court against Vagdani at the end of December of 2024. The complaint included material proving beyond doubt that the suspect participated in the mass destruction of civilian property and infrastructure. Vagdani also made genocidal statements on his social media, vowing to destroy Gaza “to its foundations”. The material included video footage, geolocation data, and photographs of the suspect planting explosives and cheering at the destruction.  The HRF urged Brazilian authorities to act swiftly, before the suspect has a chance to escape or destroy evidence. The Brazilian Federal Court directed the Federal Police to investigate the request, making Brazil the first Rome Statute signatory state to enforce provisions without relying on the International Criminal Court (ICC). President of the Hind Rajab Foundation, Dyab Abou Jahjah, acclaimed that this decision marks a historic moment that sets a powerful precedent for nations to take bold action in holding perpetrators of war crimes accountable. Listen to the CNN interview with Ms. Maira Pinheiro, the HRF lawyer responsible for filing the criminal complaint in Brazil, where she explains the steps involved in bringing this case about and it's legal details: Israel Army radio confirmed that the Israeli Minister of Foreign Affairs facilitated Vagdani’s escape from Brazil to Argentina, therefore obstructing justice through this blatant attempt at evasion of responsibility. Ms. Maira Pinheiro was doxxed and received threats directed towards her and her daughter. These threats are collectively made with the goal of intimidation and hindering Ms. Pinheiro from carrying out her professional duty. In a statement about the case, Ms. Pinheiro said the following: "We've had examples of the principle of universal jurisdiction being applied in recent history, but mostly in European courts, in procedures against individuals of African or Arab origin. I believe it is very relevant that this time, we had a court in the Global South apply the universal jurisdiction to investigate war crimes perpetrated by an individual from a country that is one of the Global North's greatest military ally. The efforts the Israeli state had been employing to try to get its soldiers to hide and destroy the evidence of their crimes to me is a great example of the impact of our actions. It is also historical because it is the first time in Brazilian history that the Rome Statute is applied in this manner. Even though we have been facing some challenges, lots of internal and external political pressure and the suspect managed to flee the country before the investigative measures could be executed, I believe Brazil showed a strong example of sovereignty and independence, that I expect will encourage other countries, specially in the Global South, to take action and prevent International Law from becoming completely devoid of meaning and effectiveness." The Hind Rajab Foundation calls for solidarity with Ms. Pinheiro, particularly from the São Paulo Bar Association and the broader legal community, in the name of justice and accountability.  Pursuing Justice Across Borders: Second Case Filed in ArgentinaAfter Yuval Vagdani's escape from Brazil to Argentina, the HRF filed another criminal case against Yuval Vagdani, this time in the country that he fled to, Argentina. When this case was filed, we called on Argentina to act in compliance with international law and upon its duties to the ICC. Vagdani ended up fleeing Argentina once again, and is now back in Israel. There, Vagdani gave an interview, in which he calls the criminal mass destruction of civilian property a "beautiful explosion", showing neither remorse for his act, nor humility about escaping the rule of law for now. With his vacation cut short, Vagdani and other IDF soldiers who served in Gaza will need to think twice about freely being able to travel the globe, as their genocidal actions will now follow them wherever they go. Global Implications for International LawThe Vagdani case signifies the start of bringing accountability to Israeli soldiers. Those who have committed crimes against humanity should not feel comfortable enough to take vacations or visit other countries after carrying out these atrocities through carnage and destruction. Cases like this pressure countries to apply international law regarding Israeli soldiers in a less biased manner, especially when the case is put in the spotlight for everyone to see. If a country chooses to ignore international law, it highlights that country's actions for the global community to see and incriminates it further. The case of Vagdani is, although he escaped, still a big breakthrough for the HRF mission, as it was the first criminal case against an IDF soldier that reached the level of the Brazilian Federal Police investigating and looking to capture Vagdani, in order to bring this case to court. IDF Tightens Media Policies Amid Rising Fears of Prosecution for War CrimesAnother development following Vagdani's case, is that our actions as the HRF gained a lot of attention in Israel. After Vagdani's escape to Argentina, the Israeli news outlet Ynet published a guide entitled "Here's how to act if arrested abroad and what to check before flight" for soldiers wanting to travel abroad, featuring advice from Nick Kaufman, a defense lawyer at the International Criminal Court (ICC) in The Hague. The IDF announced new measures to conceal the identities of soldiers. IDF soldiers are now directly instructed to not post on social media. Furthermore, when IDF soldiers give interviews, news outlets are now obliged to blur their faces and only use initials instead of names. Cybersecurity experts have called these newly implemented measures useless and belated, as many actors globally, such as the HRF, already have plenty of copies of any posted material. Within these guidelines, the IDF also hinted to soldiers, that future "rescue missions" through its embassies will not be possible in every case and for every soldier and that travelling will only become more complicated for IDF soldiers in the near future. The IDF has not only helped Vagdani in his attempt at escaping justice, but also fellow IDF soldiers accused of war crimes and crimes against humanity, that the HRF has located and taken action against in Sri Lanka, Thailand and the case of three IDF soldiers smuggled out of The Netherlands. The Israeli panic in reaction to this case against Vagdani also begs for the question: if these IDF soldiers have not committed any war crimes or crimes against humanity; why are they fleeing the moment a case against them is filed, instead of just defending themselves in court? Vagdani may have been smuggled out of Argentina, but this case has set a precedent that soldiers in the IDF, that are guilty of committing war crimes in Gaza, will have to deal with consequences for their actions. Threats Against the President of the HRFOn January 6th, 2025, Lebanese-Belgian president of the Hind Rajab Foundation, Dyab Abou Jahjah, received a tweet from Israel's Minister of Diaspora Affairs and Combatting Antisemitism, Amichai Chikli. The tweet found on X (formerly Twitter), stated "Hello to our human rights activist. Watch your pager.", referencing the pager terror attack that Israel conducted in Lebanon, that injured thousands and killed at least 42 people, among them four healthcare workers and two children. This threat was levied towards Mr. Abou Jahjah after a smear campaign was initiated by Minister Chikli, when it became clear that the HRF was causing great unease for the IDF. He also falsely accused Dyab Abou Jahjah of being a member of Hezbollah. In response, Mr. Abou Jahjah stated that he would to take legal action, and that his record, whether past or present, is all public for people to see. He also tweeted, “I am honoured by your accusation that I am a member of Hezbollah. I respect them for their resistance against your invading army in Lebanon. However, I simply don’t adhere to their ideology". The president further stated to Minister Chikli "Your predecessors tried to criminalize me back in 2000 because of my involvement in the legal case against Ariel Sharon. A whole campaign was orchestrated under Israeli supervision—a combined media and judicial attack. Yet I won every case you brought against me.". Mr. Abou Jahjah remarks that lies and threats will not have an impact on the legal work being carried out by the foundation. Finally, Mr. Abou Jahjah reiterated that his resolve remains unchanged, and that the pursuit of justice will not be hindered.  The Hind Rajab Foundation's Commitment to Holding Perpetrators AccountableOur core mission is to actively pursue legal action against those responsible for these atrocities, including perpetrators, accomplices, and inciters of violence against Palestinians. Through offensive litigation, we aim to hold these actors accountable in both international and national courts, challenging the culture of impunity that has allowed such crimes to persist.
The Hind Rajab Foundation is resolute in its pursuit of a future where accountability prevails, and justice is not merely an aspiration but a tangible reality. We stand firm in our commitment to ending Israeli impunity, achieving justice, and ensuring that the legacy of those lost is honored. Comments are closed.
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PERPETRATORS
A perpetrator of war crimes or crimes against humanity is an individual who directly engages in, orders, or facilitates acts that constitute serious violations of international humanitarian law .
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