Hind Rajab Foundation Files War Crimes Complaint Against Israeli Soldier in Barcelona

18 January 2025 – Barcelona
The Hind Rajab Foundation and the Palestinian Community in Catalonia have filed an urgent legal complaint against Sergeant Mori Keisar of the Israeli Defense Forces (Givati Brigade, 435 Battalion, Mitzvait Company, Retek Platoon). The complaint, filed under Spanish and international law, accuses Keisar of genocide, crimes against humanity, and war crimes during the Israeli military operation in Gaza. The actions of Keisar and his platoon demonstrate systematic violations of international humanitarian law, targeting civilians and protected infrastructure.

Legal Action Filed in Barcelona Against Israeli Sergeant Mori Keisar for War Crimes and Genocide

Key Incidents

The legal complaint is supported by extensive evidence from January to March 2024, including:

1. Military Use of Civilian Homes: On January 15, 2024, Keisar and fellow soldier Yarin Hamani were filmed inside a civilian home, repurposing it for military use. This violates international laws protecting civilian property during conflicts.
2. Attack on UN Schools: On February 15, 2024, Keisar was filmed using a grenade launcher to attack a clearly marked UN school in Gaza City, constituting a war crime under Article 608 of the Spanish Penal Code and international treaties.
3. Demolition of Civilian Homes: On February 29, 2024, Keisar published footage of the controlled demolition of two civilian homes in Khan Younis, an act amounting to collective punishment prohibited under the Geneva Conventions.
4. Indiscriminate Shooting: On March 25, 2024, Keisar was recorded firing indiscriminately at civilian homes while being cheered on by fellow soldiers, demonstrating a reckless disregard for human life.
5. Forcible Displacement and Hospital Raids: Keisar’s platoon, led by Lt. Osher Bitao, participated in the displacement of residents in Khan Younis and an assault on Nasser Hospital in February 2024. Members of the platoon were also photographed humiliating Palestinian captives.
6. Other War Crimes: The complaint references Lt. Osher Bitao, who posted and deleted evidence of burning civilian homes, and other platoon members who documented atrocities on social media.
   

Legal Framework and Jurisdiction

The complaint is filed under Spanish laws (Articles 607, 607 bis, and 608 of the Penal Code), which align with international treaties including the Convention on the Prevention and Punishment of Genocide (ratified by Spain in 1968) and the Rome Statute of the International Criminal Court (ratified in 2000). Spain’s jurisdiction over these crimes is established under Article 23.4 of the Organic Law 6/1985, which permits the prosecution of foreign nationals residing in Spain for genocide and other international crimes.

Broader Context

The complaint situates Keisar’s actions within the larger context of the ongoing military operation in Gaza, characterized by bombings, forced displacements, and the targeting of civilian infrastructure. Reports from UN bodies and human rights organizations document widespread violations, including the use of starvation as a weapon, arbitrary detentions, and mass casualties among civilians. The actions described in the complaint contribute to what international experts have identified as potential acts of genocide.

Call for Accountability

The Hind Rajab Foundation urges Spanish authorities to take immediate action by investigating and detaining Keisar to ensure accountability for the atrocities committed. The case also implicates other individuals in Keisar’s platoon, such as Ofek Carmon and Guy Kenan, highlighting the need for broader investigations into systemic abuses.

The filing of this complaint is a critical step in the fight against impunity for war crimes and crimes against humanity. The Hind Rajab Foundation reiterates its commitment to pursuing justice for the victims of Israeli military operations and urges the international community to support these efforts.