Original article: Estaría en Chile: Piden detención de francotirador israelí-ucraniano por genocidio y crímenes de guerra en Gaza
The Hind Rajab Foundation (HRF) filed a criminal complaint today in the 8th Court of Guarantee in Santiago, Chile, seeking to investigate and prosecute the Israeli-Ukrainian sniper Rom Kovtun (shown in the photo) under Law 20.357, which categorizes genocide and crimes against humanity and war as offenses in line with the Rome Statute.
The complaint was presented by Chilean lawyer Pablo Araya Zacarías, a partner at Silva-Riesco Abogados and HRF’s representative. It was reported that the complaint invokes universal jurisdiction activated by Kovtun’s physical presence in Chile.
According to the complaint, Rom Kovtun served as a sniper in the 424th Battalion «Shaked» of the Givati Brigade, which operated under the 401st Armored Brigade during Israeli operations in Gaza.
The presentation details his alleged involvement in the siege and destruction of the Al-Shifa Hospital, between March and April 2024, an operation resulting in massive destruction of medical infrastructure and civilian deaths, including patients and medical staff.
«The complaint alleges that Kovtun participated in the military encirclement and control of the hospital; operated as part of the sniper positions surrounding the facility; contributed to sustained lethal fire within and around the hospital perimeter; took actions that impeded safe evacuation of civilians; and contributed to conditions leading to deaths caused by deprivation of food, water, medical care, and humanitarian access,» stated representatives from the Hind Rajab Foundation.
Moreover, the complainants added, «Following the withdrawal of Israeli forces, reports documented mass graves, widespread destruction, and severe damage to Gaza’s largest medical complex.»
Legal Characterization of Conduct
Under Chile’s Law 20.357, the complaint presented by the Hind Rajab Foundation qualifies Rom Kovtun’s alleged conduct as crimes against humanity, due to his involvement in a widespread or systematic attack against the civilian population, including subjecting civilians to living conditions that cause death or severe harm.
Additionally, his possible participation in the siege of Al-Shifa Hospital may also be classified as genocide for contributing to the deliberate infliction of living conditions aimed at the physical destruction, in whole or in part, of a protected national group; and as war crimes, including attacks against civilians, against protected medical facilities, and the unjustified destruction of civilian property not warranted by military necessity.
The complaint further argues that the siege of an operational hospital—a facility specifically protected under international humanitarian law—constitutes one of the most serious categories of violations.
Jurisdiction of Chilean Courts
The complaint establishes the legal foundation for Chilean jurisdiction, indicating that Chile has ratified the Rome Statute and the Geneva Conventions, supplemented by Law 20.357, which defines genocide and crimes against humanity and war in national legislation.
In this context, it is explained that universal jurisdiction is recognized in Chilean jurisprudence, that Kovtun is physically present in Chile, and that Israel has not prosecuted anyone for the alleged crimes.
«On this basis, the complaint asserts that Chilean courts are legally competent and obligated to act. Therefore, HRF has requested that the court admit the complaint, open a formal criminal investigation, assign the Brigade for Crimes against Human Rights (BRIDEHU) to carry out investigative procedures, locate and interrogate Kovtun, and impose precautionary measures to prevent his departure from Chile,» representatives from the Foundation emphasized.
Lawyer Pablo Araya Zacarías reiterated that Chile «has ratified the Rome Statute and incorporated it into its domestic law through Law 20.357. This 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 that the court will declare the complaint admissible and proceed with the investigation,» stated the attorney.
Finally, Natacha Bracq, head of litigation at HRF, emphasized the evidentiary basis of the case: «International humanitarian law provides special protection to hospitals, medical personnel, and the wounded. The encirclement and destruction of an operational medical facility, coupled with deprivation of food, water, and medical care, do not constitute collateral damage; they amount to war crimes, crimes against humanity, and acts of genocide,» Bracq asserted.
We will continue to provide updates.
