HRF Files Appeal Before Audiencia Nacional to Uphold Spain’s Duty Under International Law
Date Published
Barcelona, 2 October 2025
The Hind Rajab Foundation (HRF) has filed an appeal before the Audiencia Nacional (Central Investigative Court No. 5, Madrid) challenging the decision issued on 22 September 2025 to reject its criminal complaint against Israeli soldier Tameer (Tamer) Mulla, a former sergeant in the 101st Paratrooper Battalion.
The original complaint, submitted in Barcelona, accused Mulla of genocide and war crimes during Israel’s 2023–2025 military campaign in Gaza, supported by extensive photographic and video evidence, much of it self-published by Mulla.
Why We Appealed
The Foundation, represented by lawyer David Aranda Checa and procuradora Isabel Afonso Rodríguez, argues that the rejection violates both international law and the Spanish Constitution.
Key points raised in the appeal include:
Primacy of International Law: Spain is bound by treaties such as the Rome Statute of the International Criminal Court and the Geneva Conventions, which take precedence over national limitations. Spain cannot use domestic law to avoid prosecuting grave crimes.
Right of Access to Justice: The refusal to admit the complaint violates the fundamental right to judicial protection. Under the principle of pro actione, Spanish courts must interpret procedural rules in favor of access to justice.
Universal Jurisdiction Applies: Article 23.4 of the Organic Law of the Judiciary (LOPJ) allows Spanish courts to prosecute genocide and war crimes if the suspect is present in Spain. Mulla is currently in Barcelona, giving Spain jurisdiction.
No Litispendence with the ICC: The International Criminal Court (ICC) is investigating Israeli leaders such as Netanyahu and Gallant, but not Mulla. Since the ICC prosecutes only the “most responsible,” jurisdiction over individual soldiers falls to national courts.
Obligation to Act (aut dedere aut iudicare): International law requires Spain to prosecute or extradite alleged war criminals on its territory. Failure to act would breach Spain’s obligations under the Geneva Conventions and customary international law.
The Stakes
The HRF stresses that rejecting such cases risks turning Spain into a safe haven for war criminals:
““Spain has taken important political steps in support of Palestine, including boycotts, but action must also come from the courts. By refusing to investigate Tameer Mulla, Spain risks sending the wrong message: that perpetrators of war crimes can find refuge here. Our appeal demands that Spain uphold its international obligations and ensure accountability” said Dyab Abou Jahjah, HRF's director.”
What We Request
The Hind Rajab Foundation calls on the Audiencia Nacional to:
- Admit the querella against Mulla.
- Adopt urgent measures, including securing his presence before Spanish justice.
- Ensure Spain fulfills its duty to prosecute grave crimes under international law.
The Hind Rajab Foundation reaffirms its unwavering commitment to justice and accountability. This appeal is not only about one individual—it is about upholding the integrity of international law and preventing Spain, a nation that has courageously supported the Palestinian cause, from becoming a sanctuary for impunity. Justice for the victims of Gaza requires consistency: political solidarity must be matched by judicial courage.