The Hind Rajab Foundation has formally filed a detailed complaint with the International Criminal Court (ICC) against Israeli war criminal Lidor Kandalker, demanding his immediate arrest and prosecution. Kandalker, currently in Thailand, is a member of the Rovait Gaesh (Volcano Company), a combat engineering unit notorious for the systematic and deliberate destruction of civilian infrastructure in Gaza. Key evidence submitted to the ICC includes a video in which Kandalker is seen counting down before detonating explosives that destroy a civilian home in Gaza. The footage captures him celebrating with his comrades afterward, boasting about the destruction. This shocking display underscores his direct involvement in war crimes and crimes against humanity. In addition to filing the ICC complaint, the Hind Rajab Foundation has notified Thai authorities, including the police, the Ministry of Justice, and the Thai Embassy in The Hague. The foundation has urged them to apprehend Kandalker, prevent his escape, and fulfill their international obligations to ensure accountability for his crimes. Legal Basis for Action The case against Kandalker is built on the legal framework established by the Rome Statute of the ICC, which defines and governs the prosecution of international crimes. Kandalker’s actions constitute war crimes under Article 8 of the Rome Statute, including the deliberate targeting of civilian objects, the unnecessary destruction of civilian property, and outrages upon personal dignity. The destruction of the civilian home without any military necessity is a flagrant violation of international humanitarian law, as is his celebratory behavior, which demonstrates a complete disregard for human dignity. These acts also violate the Fourth Geneva Convention, which protects civilian property during armed conflict. Furthermore, Kandalker’s actions, as part of the broader Israeli military campaign in Gaza, fulfill the criteria for crimes against humanity under Article 7 of the Rome Statute. These crimes include murder and extermination resulting from the destruction of civilian homes, persecution based on the victims’ Palestinian identity, and inhumane acts that inflicted severe suffering on the civilian population. Kandalker’s participation in these systematic attacks contributes to a broader pattern of violence that has targeted civilians in Gaza. The Hind Rajab Foundation has also highlighted the possibility that these actions form part of a genocidal campaign. Under Article 6 of the Rome Statute, genocide is defined as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. Kandalker’s involvement in the systematic destruction of infrastructure and the targeting of civilians, coupled with the broader military campaign against Gaza, may qualify as genocide.
Preventing Escape The foundation has formally informed Thai authorities, including the police, the Ministry of Justice, and the Thai Embassy in The Hague, of Kandalker’s presence in Thailand and the charges against him. These actions emphasize Thailand’s obligations under international law to ensure that alleged war criminals are held accountable. Under the principle of aut dedere aut judicare (extradite or prosecute), Thailand is legally bound to either detain Kandalker for prosecution under its domestic laws or extradite him to face charges at the ICC. Credible information suggests that Kandalker may attempt to flee Thailand to evade justice. The Hind Rajab Foundation has urged Thai authorities to issue an immediate travel ban to prevent his departure, apprehend and detain him to facilitate prosecution, and collaborate with international institutions to ensure his swift arrest. The foundation is also working closely with local lawyers in Thailand to explore all available legal avenues to hold Kandalker accountable under Thai law. This case represents more than just the pursuit of one individual. It is a vital step in the broader effort to end impunity for international crimes and deliver justice to the victims of Gaza. By taking decisive action, Thailand has an opportunity to demonstrate its commitment to upholding the rule of law and protecting the principles of international justice. The Hind Rajab Foundation remains steadfast in its mission to hold perpetrators of war crimes accountable and to advocate for justice for the victims of Gaza. Comments are closed.
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PERPETRATORSA 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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January 2025
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