Romanian Authorities Refer HRF War Crimes Complaint Against Israeli Soldier to Military Prosecutor

Orel Benyaish

Bucharest | 7 May 2025
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The Prosecutor’s Office attached to the High Court of Cassation and Justice in Romania has formally acknowledged the war crimes complaint filed by the Hind Rajab Foundation against Israeli soldier Orel Benyaish, a member of the 432nd Battalion of the Givati Brigade. The complaint, submitted on behalf of the Foundation by attorney Elena Lazăr, has been referred to the Military Prosecutor’s Office attached to the Bucharest Military Court of Appeal for further examination.​

The legal action concerns Benyaish’s alleged involvement in the intentional destruction of civilian property during Israel’s military operations in Gaza, including the demolition of the homes in the Nuseirat camp on 12 November 2024. The complaint is based on documented open-source material, including videos and photographs posted by the accused on social media, which appear to show direct participation in and endorsement of the destruction of civilian infrastructure.
The submission is grounded in both Romanian domestic law—specifically Articles 438 and 441 of the Romanian Penal Code, which criminalize genocide and war crimes against property—and relevant international legal instruments, including the Rome Statute of the International Criminal Court and the Geneva Conventions, to which Romania is a party.

In a written communication, Romanian authorities confirmed that the materials submitted by the Hind Rajab Foundation were officially registered and forwarded to the competent military prosecution authority for further processing.

Legal Context and Next Steps

The complaint also includes references to broader patterns of destruction in Gaza, particularly the use of the Netzarim Corridor as part of a strategy that has resulted in widespread displacement and destruction of civilian areas. Reports by Forensic Architecture and various international observers are cited in support of these claims.
In light of the open-source evidence and Romania’s international obligations, the Foundation has called on Romanian authorities to consider preventive measures, including placing the suspect on a travel watchlist, initiating the confiscation of digital evidence, and opening a formal investigation.
The Hind Rajab Foundation welcomes the decision by Romanian authorities to treat this matter with the seriousness it warrants and to act in accordance with international legal standards.
“The referral to military prosecution is a serious development,” said HRF's Chairman Dyab Abou Jahjah. “It shows that Romania is taking its international legal obligations seriously and is willing to consider accountability for war crimes, even when committed outside its borders.”

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