Major Breakthrough: Chilean Court Accepts Universal Jurisdiction in Gaza War Crimes Case After HRF Complaint

June 2026, Santiago, Chile – The Hind Rajab Foundation welcomes a major breakthrough in Chile, where the Santiago Court of Appeal recognized Chile’s authority to apply universal jurisdiction in a Gaza war crimes case following HRF’s criminal complaint against Rom Kovtun, an Israeli-Ukrainian citizen accused of war crimes, genocide, and crimes against humanity during the siege of Al-Shifa Hospital in Gaza.

This historic decision, issued on June 1, marks a significant step forward in the global fight against impunity and confirms that national courts can play a vital role in pursuing accountability for war crimes committed in Gaza. While a subsequent hearing resulted in a procedural dismissal, HRF will appeal the ruling and remains confident that the core legal breakthrough — Chile’s recognition of universal jurisdiction — has established a critical pathway toward justice.

HRF maintains that the dismissal was based on a flawed procedural requirement that complainants first seek justice in Israel, despite extensive evidence that the Israeli legal system systematically shields perpetrators of crimes against Palestinians from accountability.

Procedural History

The legal battle began when HRF, represented by Chilean lawyer Pablo Andrés Araya Zacarías of Silva-Riesco Abogados, filed a criminal complaint alleging that Kovtun served as a sniper in the 424th “Shaked” Battalion of the Givati Brigade. The complaint details his alleged involvement in the siege and destruction of Al-Shifa Hospital between March and April 2024, an operation that devastated medical infrastructure, blocked civilian evacuations, and contributed to deaths through the deprivation of food, water, and medical care.

The Eighth Guarantee Court of Santiago initially dismissed the complaint, ruling that Chile lacked jurisdiction to try a foreign national for crimes committed abroad. The Court of Appeal subsequently overturned this decision, ruling that the lower court had failed to follow proper legal procedure and failed to hold a bilateral hearing and prior debate before issuing its decision—proceedings in which the defendant, his defense counsel, the Public Prosecutor’s Office, and the complainant must be summoned.

According to the complaint, Rom Kovtun served as a sniper in the 424th “Shaked” Battalion of the Givati Brigade, operating under the 401st Armored Brigade during Israel’s large-scale operations in Gaza.

The Hearing and the Appeal

Pursuant to the June 1 decision, a public hearing was held to determine jurisdiction. On 10 June 2026, the Guarantee Court of Santiago accepted the factual basis of the complaint and reaffirmed the applicability of universal jurisdiction, marking a positive step for international justice in Chile. On the other hand, the court dismissed the complaint on procedural grounds, ruling that HRF had not previously lodged a complaint in Israel to prove that Kovtun would not be tried there.

HRF firmly contests this requirement as contrary to Chile’s obligations under international law.

Additionally, Israel has a documented history of shielding its military personnel from accountability and of expecting complainants to exhaust remedies in a state that actively obstructs justice and enables impunity for crimes committed in Gaza.

Statements

Dyab Abou Jahjah, General Director of HRF:

“This decision is a major breakthrough. For the first time in this case, a Chilean court has recognized that universal jurisdiction can apply to crimes committed in Gaza. That matters. It means that the wall of impunity is beginning to crack.”

“Of course, this is not the end of the road. There was a procedural dismissal, and we will appeal it. But the essential point remains: a national court has affirmed that Gaza war crimes are not beyond the reach of justice.”

Natacha Bracq, Head of Litigation at HRF:

“The principle of universal jurisdiction is not conditional on the complainant’s ability to navigate the legal system of the aggressor state. The Court of Appeal has already established that universal jurisdiction applies. However, demanding we seek justice in a system designed to protect the perpetrator is not only contrary to the objectives of international justice but also enables impunity.”

HRF’s Chilean counsel Pablo Andrés Araya Zacarías

“Chile has ratified the Rome Statute and incorporated it into domestic law. That creates a legal obligation to ensure that those accused of genocide, crimes against humanity, and war crimes do not find refuge here. The requirements for universal jurisdiction are clearly met, and we are confident the court will declare the complaint admissible and proceed with the investigation.”

Accountability for Al-Shifa Hospital Atrocities

The complaint against Kovtun highlights the broader pattern of attacks on medical infrastructure in Gaza. International humanitarian law grants special protection to hospitals, medical personnel, and the wounded.

The siege and destruction of a functioning medical complex, combined with the deprivation of food, water, and medical care, are not collateral damage—they constitute war crimes, crimes against humanity, and acts of genocide.

HRF continues to pursue legal accountability in multiple jurisdictions, leveraging universal jurisdiction to ensure that perpetrators of the Gaza genocide face justice wherever they travel. The Chilean case remains a critical front in this global effort, with the appeal expected to set a powerful precedent for future prosecutions.