Polish Prosecutor Declines to Investigate Alleged Involvement of Nitro-Chem in Genocide

The Hind Rajab Foundation (HRF), the International Federation for Human Rights (FIDH), and the European Legal Support Center (ELSC) have appealed the Warsaw District Prosecutor’s decision to dismiss their criminal complaint against representatives of Nitro-Chem S.A., one of the world's largest TNT producers and a major supplier to United States (U.S.) and NATO weapons manufacturers.

19 October 2026 - Warsaw, Poland — The coalition filed its original complaint on 26 June 2026, alleging that representatives of Nitro-Chem aided international crimes in Gaza—including genocide, war crimes, and crimes against humanity—by supplying TNT and other explosives both directly to Israel and to the U.S. arms manufacturers for use in the production of heavy aerial bombs and artillery shells. The U.S. subsequently supplied large quantities of such munitions to Israel for use in its ongoing genocide against the Palestinians.

Six-week dismissal without a full investigation

The Prosecutor’s decision, dated 3 August 2026, was issued just six weeks after the complaint was filed—a remarkably short timeframe for a case involving complex international supply chains, cross-border transfers, and allegations of grave international crimes. The swift dismissal reflects a failure to conduct the thorough, diligent investigation required by both Polish criminal procedure and Poland’s obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, the Geneva Conventions and the European Convention on Human Rights.

Key factual questions—including Nitro-Chem’s contractual relationships, knowledge of the weapons programs for which its TNT was supplied, communications with customers, and the subsequent transfer and use of relevant weapons in the genocide—should have been investigated before the complaint could properly be dismissed.

U.S.-supplied bombs and their consequences in Gaza

According to the report “The Missing Ingredient: Polish TNT”, the U.S.  has supplied Israel with large quantities of aerial bombs and other heavy munitions used in the genocide committed against the Palestinians in Gaza. These include Mk-80 series bombs, such as the Mk-82 and Mk-84, as well as BLU-109 bunker buster bombs. Between October 2023 and July 2024 alone, the U.S. transferred at least 14,000 Mk-84 bombs, 6,500 Mk-82 bombs, and 1,000 BLU-109 bunker buster bombs to Israel. The coalition alleges that some of these weapons may have contained TNT supplied by Nitro-Chem.

These are high-explosive, wide-area-of-effect weapons with a blast radius extending across hundreds of meters; their use in densely populated civilian areas breaches fundamental principles of international humanitarian law regarding distinction, proportionality, and precaution.

Evidence points to Nitro-Chem’s central role in the supply chain

The report further documents how Nitro-Chem became the linchpin of this supply chain. Because the U.S ceased domestic TNT production in 1986, it relies heavily on imports, with Polish officials acknowledging that roughly 90% of U.S.-imported TNT comes from Poland. General Dynamics, the primary U.S. manufacturer of these munitions, explicitly identified Nitro-Chem as “the only qualified TNT source for U.S. Bomb Programs” in a 2018 presentation.

According to the report, this dependency has persisted through the ongoing genocide. Despite the ICJ’s finding of a plausible risk of genocide in January 2024, ICC arrest warrants against Israeli leaders in November 2024, and public knowledge of the U.S. supply of bombs to Israel, contracts between Nitro-Chem and U.S. arms manufacturers were renewed and expanded repeatedly after October 2023, including new deals in April 2024 and April 2025 worth approximately USD 310 million.

Furthermore, records confirm that Nitro-Chem sold explosives directly to Israeli arms manufacturers such as IMI, Elbit, and Rafael.

The continuation and expansion of these commercial relationships, in the face of mounting evidence concerning the use and consequences of the relevant weapons in Gaza, require a thorough and genuine investigation into Nitro-Chem representatives’ knowledge and intent.

Coalition seeks judicial review

HRF, FIDH, and ELSC are asking the Warsaw Regional Court to review the Prosecutor’s dismissal and ensure that the allegations are subject to an effective and independent investigation.

Natacha Bracq, Head of Litigation at HRF

“Our complaint highlights a supply chain that runs through Poland extensively documented in “The Missing Ingredient: Polish TNT” , and yet the Polish Prosecutor chose to close the case before even uncovering how far it reaches. We are asking the Prosecutor to investigate the contracts, shipments, communications and chain of responsibility that only Polish authorities are in a position to fully uncover. A six-week dismissal cannot substitute for an investigation into whether Polish-made TNT contributed to weapons used to commit international crimes. If there is nothing to uncover, let the evidence establish that. But if this supply chain helped enable the genocide in Gaza, Poland has a responsibility to find it, expose it, and stop it.”

Clémence Bectarte, coordinator of the Litigation Action Group at the FIDH

“This case tests whether Poland will follow the example of other states now taking seriously their duty to investigate the genocide in Gaza, including economic actors. The weapons used in Gaza do not appear from nowhere — they are manufactured, financed, and supplied. Ignoring that chain means ignoring how this genocide is made possible.”

Daan de Grefte, Senior Legal Officer at the ELSC

“This case is a clear example of how corporate and state interests try to dilute criminal responsibility for the crime of genocide. Genocide - and its related war crimes - is not committed only by the Zionist regime. It is committed by a global network of politicians and CEOs, and enabled by double standards and a failing rule of law. It is the responsibility of law enforcement authorities to uphold their own criminal legislation, even if they are violated by 'close allies' or strategically important corporations. We are confident that the Warsaw Regional Court will not shy away from its responsibility to uphold Polish law.”

The organizations remain committed to pursuing accountability for individuals and companies alleged to have contributed to international crimes and to ensuring that credible allegations are properly investigated by the competent authorities.

Media Contacts:

• The Hind Rajab Foundation (HRF): pr@hindrajabfoundation.be
• International Federation for Human Rights (FIDH): Raphaël Lopoukhine | rlopoukhine@fidh.org | +33 6 72 28 42 94
• European Legal Support Center (ELSC): samar@elsc.support / press@elsc.support