Paris, December 17, 2024. Today, the International Federation for Human Rights (FIDH) and its Palestinian and French member organizations Al-Haq, Al Mezan, Palestinian Center for Human Rights (PCHR) and the LDH (Human Rights League) filed a complaint with the establishment of a civil party with the Crimes against Humanity Unit of the Paris Judicial Court against Yoel O., a Franco-Israeli soldier who served in Gaza as part of the genocidal campaign led by Israel against the Palestinians. The latter is accused of war crimes, crimes against humanity, genocide, torture and complicity in these crimes committed against Palestinians detained in Israel.
This referral to an investigating judge is based on a video in several sequences published on social networks. It identifies Palestinian detainees dressed in white overalls, their hands tied and their eyes blindfolded, being subjected to insults in French. At least one of the detainees shows visible signs of torture. Yoel O. would be the author of this video.
Issam Younis, director of Al Mezansaid: “ We have provided French judicial authorities with testimonies from Palestinian victims who suffered serious forms of torture while detained by Israel. These accounts strongly match the methods employed in the video, illustrating the systematic nature of these actions and reflecting state-sanctioned policy. This evidence highlights the urgent need to address and prosecute these crimes at all levels, including within national jurisdictions. ».
Shawan Jabarin, general director of Al-Haqsaid: “ Palestinians in Gaza suffered enforced disappearances at checkpoints, were transferred to Israeli-controlled detention camps, and were subjected to the most extreme and brutal methods of torture. These heinous acts are categorically prohibited by international law. It is urgent that France investigates, prosecutes and punishes its nationals involved in international crimes, including the genocide in Gaza ».
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 FIDHet 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.
