The Hind Rajab Foundation (HRF) welcomes a major breakthrough in Chile: the Court of Appeals in Santiago has recognized Chile’s competence to exercise universal jurisdiction in a case related to war crimes in Gaza. The decision follows a criminal complaint filed by HRF against Israeli-Ukrainian citizen Rom Kovtun, who is accused of war crimes, genocide and crimes against humanity committed during the siege of Al-Shifa Hospital.
This historic decision, made on June 1, is an important step in the global fight against impunity and confirms that national courts can play a vital role in holding accountable those responsible for war crimes committed in Gaza. Although a subsequent hearing dismissed the complaint on procedural grounds, HRF will appeal the ruling and is confident that the legal breakthrough – Chile’s recognition of the principle of universal jurisdiction – will open a crucial path to justice.
HRF maintains that the procedural requirement underlying the rejection – that complainants should first seek justice in Israel – is flawed, given the overwhelming evidence that the Israeli justice system systematically shields perpetrators of crimes against Palestinians from accountability.
Procedure 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 destroyed healthcare infrastructure, hindered civilian evacuations, and contributed to deaths by depriving it of food, water, and medical supplies.
The Eighth Court of Guaranty in Santiago initially dismissed the complaint on the grounds that Chile lacked jurisdiction to try crimes committed abroad by a foreign national. The Court of Appeal overturned this decision, finding that the lower court had not followed due process and had not held a bilateral hearing or preliminary discussion before issuing its decision – a procedure in which the accused, his defense attorney, the prosecution and the complainant must be summoned.
According to the complaint, Rom Kovtun was a sniper in the 424th „Shaked” Battalion of the Givati Brigade, under the command of the 401st Armored Brigade, during Israel’s large-scale military operations in Gaza.
The hearing and the appeal
In accordance with the June 1 decision, a public hearing was held to determine jurisdiction. On June 10, 2026, the Guarantor Court of Santiago accepted the factual basis of the complaint and confirmed the applicability of universal jurisdiction, a positive step for international justice in Chile. However, the court dismissed the complaint on procedural grounds, stating that HRF had not previously filed a complaint in Israel to demonstrate that Kovtun would not be tried there. HRF strongly disputes this requirement, as it is contrary to Chile’s international legal obligations.
Furthermore, Israel has a documented historical practice of protecting its military personnel and expecting complainants to exhaust all legal remedies in a state that actively obstructs justice and allows impunity for crimes committed in Gaza.
Statements
Dyab Abou Jahjah, Director General of HRF: „This decision is a major breakthrough. In this case, for the first time, a Chilean court has recognized that universal jurisdiction can be applied to crimes committed in Gaza. This matters. It means that the wall of impunity has begun to crack.” „Of course, this is not the end of the road. There has been a procedural rejection and we will appeal. But the essential point remains: a national court has confirmed that war crimes in Gaza cannot escape the reach of justice.”
Natacha Bracq, Head of Litigation at HRF: „The principle of universal jurisdiction does not depend on the complainant’s ability to navigate the legal system of the aggressor State. The Court of Appeal has already held that universal jurisdiction is applicable. However, to demand that justice be sought in a system designed to protect the perpetrator is not only contrary to the objectives of international justice, but also promotes impunity.”
Pablo Andrés Araya Zacarías, HRF’s Chilean legal representative: „Chile has ratified the Rome Statute and incorporated it into domestic law. This creates a legal obligation to ensure that those accused of genocide, crimes against humanity and war crimes do not find refuge here. The conditions for universal jurisdiction are clearly met, and we are confident that the court will declare the complaint admissible and continue its investigation.”
Accountability for the atrocities committed at Al-Shifa Hospital
The complaint against Kovtun highlights a broader pattern of attacks on healthcare infrastructure in Gaza. International humanitarian law provides special protections for hospitals, medical personnel, and the wounded. The siege and destruction of a functioning healthcare complex, combined with the deprivation of food, water, and medical care, is not collateral damage – it is a war crime, a crime against humanity, and an act of genocide.
HRF continues to pursue legal accountability in multiple jurisdictions, leveraging universal jurisdiction to ensure that the perpetrators of the Gaza genocide face justice wherever they travel. The Chilean case is a critical front in this global effort, and the appeal is expected to set a powerful precedent for future prosecutions.
