A coalition of NGOs files a complaint against a Franco-Israeli soldier for crimes against humanity and genocide in Gaza
FIDH and its partner organizations (Al-Haq, Al Mezan, PCHR and LDH) filed a civil action complaint against Yoel O., a Franco-Israeli soldier, on December 17, 2024 before the Crimes Against Humanity Unit. of the Paris Judicial Court.
The soldier is accused of war crimes, crimes against humanity, genocide and acts of torture against Palestinians detained in Israel. The complaint is based on videos published on social networks showing Palestinian detainees being mistreated, with insults in French.
Of around 4,000 French citizens serving in the Israeli army, several are allegedly involved in international crimes in Gaza, where the death toll has reached 44,000 and 105,000 injured since October 2023. However, no judicial investigation has been opened in France so far.
This new legal action follows a first complaint dismissed in April 2024. The complainant organizations underline the urgency of a French judicial response and recall the legal obligation to prosecute French nationals involved in international crimes. The plaintiffs also denounce the mass detention of Palestinian civilians and the modification of the Israeli legal framework allowing prolonged detentions without charge or access to a lawyer.
Press release
Complaint filed against a Franco-Israeli soldier: French justice must open an investigation
To date, no judicial investigation opened in France
Since October 7, 2023, Israel’s genocidal campaign in Gaza has killed at least 44,000 Palestinians and injured 105,000 others. Numerous elements establish that international crimes were committed by several of the approximately 4,000 French citizens mobilized in the Israeli army. However, to date, no judicial investigation into these crimes has been opened by the French authorities.
Raji Sourani, Director General of PCHRsaid: “ A state that claims to be democratic and respects international law must immediately investigate its nationals involved in the commission of international crimes, such as torture, and hold them to account. Hundreds of French nationals are allegedly involved in crimes against Palestinians as part of the ongoing genocide against Palestinians in the Gaza Strip and French authorities have a moral and legal obligation to bring those involved to justice. France must not be a refuge for criminals or allow impunity “.
Since October 7, 2023, as part of its ground invasion of Gaza, the Israeli army has detained thousands of Palestinian civilians, including children, the elderly, journalists and medical professionals. Although Palestinians in Gaza are protected persons under the Fourth Geneva Convention, Israel detains them under the Unlawful Combatants Law. This law has been amended several times by Israeli authorities over the past year and, since its last amendment, allows people to be detained without charge for 30 days and denied access to a lawyer for at least 45 days.
During their detention and transfers, Palestinians are subjected to various forms of physical and psychological violence, torture, other cruel, inhuman or degrading treatment and punishment, and enforced disappearances, constituting war crimes, crimes against humanity and genocide.
“ The opening of investigations into crimes committed by dual nationals engaged in the Israeli army is one of the essential components of the judicial response to the mass atrocities perpetrated by Israel in Gaza. ”, declared Alexis Deswaef, lawyer for the plaintiffs and Vice President of the FIDHAnd Clémence Bectarte, lawyer and coordinator of the FIDH Judicial Action Group. “ Faced with the scale of the crimes committed, the investigation carried out by the ICC is not enough. Each State which can exercise its jurisdiction must open judicial investigations “.
“ It is time for French justice to take up international crimes committed by French citizens fighting in the Israeli army, » declares Nathalie Tehio, President of the LDH. “ The French state must take its responsibilities. It cannot tolerate the abuses committed by its nationals remaining unpunished. “.
A first complaint was filed against Yoel O. in April 2024. This was, however, dismissed due to lack, according to the prosecution, of sufficient characterization of the offense. Our organizations are becoming civil parties to combat the inertia of the prosecution.