IDF Soldiers in Amsterdam Face Urgent Arrest for Gaza War Crimes

The Hind Rajab Foundation, in partnership with the March 30 Movement and through the office of attorney Haroon Raza, has filed a complaint demanding the immediate arrest and prosecution of three IDF soldiers who entered Amsterdam yesterday. The individuals involved are Yehuda Tsfa, Yotam Shmuelevich, and Liran Magal, members of the Latak Unit of the 932 “Granit” Battalion, accused of engaging in the destruction of civilian properties in Gaza without any military necessity.

Allegations and Legal Basis

The complaint, submitted yesterday, details violations including the intentional burning of homes in Gaza City and destruction at the Rafah Crossing in 2024. These actions contravene the laws of armed conflict, which safeguard civilian objects and prohibit indiscriminate or disproportionate attacks that impact civilian populations.

Legal Framework and Urgency

The complaint draws upon established international legal precedents from the International Criminal Court (ICC) and the International Court of Justice (ICJ), emphasizing the responsibility of individuals for war crimes and crimes against humanity. Given the accused's presence in the Netherlands, Dutch authorities are obligated under international law to apprehend and prosecute those suspected of international crimes.

Specific Legal Grounds in International Law

Geneva Conventions:

• Article 53 of the Fourth Geneva Convention: Prohibits the destruction of property by the occupying power unless absolutely necessary for military operations. The burning of homes and other civilian properties in Gaza, particularly the Rafah Crossing, can be cited under this violation as they were not justified by military necessity.
• Article 147 of the Fourth Geneva Convention: Defines extensive destruction and appropriation of property not justified by military necessity and carried out unlawly and wantonly as a grave breach of the Convention.

Additional Protocols to the Geneva Conventions:

• Article 54 of Protocol I: Prohibits attacks on objects indispensable to the survival of the civilian population, including foodstuffs, agricultural areas, and drinking water installations. The destruction of the Rafah Crossing plays a critical role here as it is a crucial conduit for food, medical supplies, and other essentials, directly impacting the famine conditions in Gaza.

Rome Statute of the International Criminal Court:

• Article 8(2)(b)(ii): Covers intentionally directing attacks against civilian objects, that is, objects which are not military objectives. This statute is relevant for the actions taken against civilian infrastructure such as the Rafah Crossing.
• Article 8(2)(b)(xxv): Specifically addresses starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival; the destruction of infrastructure critical to food and medical supplies falls under this category.

The Role of the Rafah Crossing and Weaponized Famine

The burning of the Rafah Crossing is particularly significant because it serves as a vital lifeline for the people of Gaza, facilitating the flow of humanitarian aid, food, and medical supplies. Its destruction has a direct impact on the living conditions in Gaza, exacerbating the humanitarian crisis and contributing to conditions that can be classified as weaponized famine. This act not only breaches specific statutes of international law but also significantly impacts the civilian population, increasing their dependency on aid and disrupting their daily lives.

By citing these specific articles, the complaint underscores the severity of the breaches and the necessity for urgent legal action by the Dutch authorities. This legal approach not only seeks accountability for the accused soldiers but also aims to highlight the broader implications of their actions on the civilian population in Gaza.

Call to Action for Dutch Government

​We call on the Dutch government to act swiftly in response to our complaint and to fulfill its international duties by arresting and prosecuting Yehuda Tsfa, Yotam Shmuelevich, and Liran Magal. The government's immediate response is crucial not only to uphold the rule of law but also to reinforce the integrity of international human rights standards.

The Hind Rajab Foundation remains vigilant in monitoring this case and will continue to update our supporters and the international community on any developments. We remain steadfast in our commitment to justice and accountability for all, reinforcing the importance of international law and human rights.