HRF Appeals Dismissal of War Crimes Complaint Against Israeli Soldier Oran Rubin in Greece

25 September 2026 – Brussels, Belgium/Athens, Greece – The Hind Rajab Foundation (HRF) has filed an urgent appeal with the Athens Court of Appeals challenging the decision of the Chief Prosecutor of the Athens Misdemeanor Court to dismiss its criminal complaint against Oran Rubin, an Israeli national and reservist who was vacationing in Athens.

On 9 September 2026, the Chief Prosecutor dismissed HRF’s complaint, filed on 1 September 2026, as “legally unfounded,” citing a lack of jurisdiction under Greek law. HRF’s appeal argues that the dismissal fails to account for Greece’s obligations under international law regarding the investigation and prosecution of grave international crimes.

Oran Rubin served in Israel’s 424th “Shaked” Battalion of the Givati Brigade, operating as part of the 401st Brigade Combat Team. HRF has documented evidence placing him at two sites of large-scale destruction in Gaza City: Palestine Square and Al-Taqwa Mosque. 

The acts documented in HRF’s complaint constitute grave breaches of the Geneva Conventions and its Additional Protocols, including the deliberate targeting of protected civilian objects and places of worship, and the extensive destruction of property not justified by military necessity.

 In its appeal, HRF raises two fundamental points:

1. Greece has jurisdiction under international and national law: The Prosecutor’s Office concluded that Greek courts lacked jurisdiction because the alleged crimes occurred abroad and involved a foreign national. HRF challenges this conclusion, arguing that Greek courts have jurisdiction over the alleged crimes under Greece’s domestic law read together with its binding international obligations. Greece is a party to the Geneva Conventions and their Additional Protocols, which require States Parties to investigate and prosecute grave breaches. Greek law also provides a basis for jurisdiction over such crimes committed abroad under Article 8(k) of the Greek Penal Code, while Law 3948/2011 incorporated into Greek law the Rome Statute crimes, including grave breaches of the Geneva Conventions. HRF therefore concludes that the fact that the alleged crimes were committed abroad and involve a foreign national does not, in itself, preclude Greek jurisdiction.
   
2. National courts bear primary responsibility for prosecuting international crimes: Under the principle of complementarity established by the Rome Statute, the International Criminal Court (ICC) is designed to intervene only when national courts are unable or unwilling to act. In fact, the primary responsibility for investigating and prosecuting international crimes rests with states. Given the ICC’s limited capacity to pursue every level of perpetrator, and amidst increasing political pressure on the Court from the United States, it is even more critical that national jurisdictions fulfill their duty to ensure atrocities do not go unpunished. Allowing a suspected war criminal to move freely in Greece while refusing to investigate undermines both Greek sovereignty and the global justice system.

Rubin photographed himself proudly standing on the rubble of Palestine Square and inside the destroyed Al-Taqwa Mosque in Gaza City, openly associating himself with the destruction in Gaza.

Dyab Abou Jahjah, Director General of HRF:

“States are trying to escape their responsibilities under universal jurisdiction. They endorse accountability in principle, then find reasons to avoid it when a suspect comes within their reach. HRF keeps putting those responsibilities before them. From Belgium to Peru to Chile, we have secured concrete advances in the fight to make universal jurisdiction work in practice.

Our appeal in Greece is the next step in that fight. Governments cannot turn legal obligations into matters of political convenience. We will keep pressing them to act because we are convinced of our case, morally and legally.”

Natacha Bracq, Head of Litigation at HRF:

“This case is a test of whether European judicial systems will uphold their international obligations or allow their territory to become a safe haven for those suspected of participating in the ongoing genocide in Gaza. Greece cannot simply opt out of its obligations under the Geneva Conventions.

We expect the appellate court to recognize those obligations and ensure allegations of this gravity are properly investigated.”