A recent judicial ruling in Chile has revived scrutiny of a criminal complaint against an Israeli-Ukrainian soldier accused of committing war crimes in the Gaza Strip, reviving a legal debate over the application of universal jurisdiction in the country.
The Santiago Court of Appeals overturned a prior ruling by the Eighth Guarantee Court, which had refused to examine the complaint against Rom Kovtun. The appellate court ruled that the question of jurisdiction cannot be decided without hearing all parties involved.
A public hearing is scheduled for 12th June, where the complainant, the defence, and the Public Prosecutor’s Office will present arguments on whether Chilean courts have the authority to investigate alleged war crimes, crimes against humanity, and genocide committed abroad.
The complaint was filed in February by the Hind Rajab Foundation through Chilean lawyer Pablo Andrés Araya Zacarías. It seeks Kovtun´s investigation under Chilean Law No. 20.357, which criminalises genocide, crimes against humanity, and war crimes, in line with the Rome Statute of the International Criminal Court.
According to the complaint, Kovtun served as a sniper in the 424th “Shaked” Battalion of the Givati Brigade and operated under the 401st Armored Brigade during military operations in Gaza. He is accused of participating in the siege and destruction of the Al-Shifa Medical Complex in Gaza City between March and April 2024. The operation reportedly caused extensive damage to medical infrastructure and civilian casualties, including patients and hospital staff.
Legal experts and human rights advocates caution that the Court of Appeals’ decision does not confirm the allegations or rule on the merits of the case. Its purpose is limited to determining whether Chilean courts have jurisdiction to examine the complaint. The outcome of the June hearing will decide whether Chile proceeds with a formal criminal investigation or dismisses the case as outside its jurisdiction.
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Chilean lawyer and former ambassador Nelson Hadad highlighted the lack of legal consistency in Chile regarding universal jurisdiction. “This issue lacks consistent jurisprudence; that is, in most cases, the Chilean judiciary has rejected the principle of universal jurisdiction and the extraterritorial application of the law,” he said.
Regarding the upcoming hearing, Hadad noted, “In this case, there is a hearing scheduled for 10th June in which… will there be a ruling on this matter? It could perhaps be the first time.”
He emphasised the cautious approach of the judiciary and prosecutorial authorities. “The Public Prosecutor’s Office and the Judiciary as such accept some arguments to be able to prosecute in Chile this Israeli soldier responsible for numerous crimes,” Hadad explained.
At the same time, he highlighted past reluctance from Chilean authorities. “But I believe that the Public Prosecutor’s Office, especially the North Central Prosecutor’s Office where Prosecutor Armendariz is, has been consistently reluctant to accept universal jurisdiction,” he said.
Looking ahead, Hadad stressed the potential impact of a favorable ruling. “We are waiting to see what happens because if it were the opposite and it were accepted, it would set a very important legal precedent for trying numerous cases from Chile with the Chilean justice system, crimes committed abroad, in this case, crimes committed in Gaza and throughout occupied Palestine.”
He concluded with cautious optimism: “So we can talk again on 10th June, once the court has ruled on this point. But at least there is hope.”
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