Hind Rajab Foundation files war crimes case in Germany vs occupation soldier Shay Friedman

German-Israeli now back in Munich subject to formal prosecution application over

The Hind Rajab Foundation (HRF) has filed an official criminal complaint in Germany against occupation soldier Shay Friedman, accusing him of participating in war crimes and crimes against humanity in Gaza.

The complaint, which alleges serious criminality under international and German, including genocide, aiding and abetting murder and other grave offenses, poses a challenge to the German authorities – which have so far enthusiastically colluded in Israel’s genocide in Gaza and has used both violence, ‘lawfare‘ and punitive policies against those who protest against it.

Friedman, a member of the 12th battalion of the notorious Golani Brigade, is accused of actively participating in military operations in Gaza since October 2023. The complaint includes video evidence clearly showing Friedman using a heavy machine gun to fire at civilian buildings, violating the principles of distinction and proportionality under international humanitarian law:

Other video evidence shot in the period from March to November 2024 captures Friedman’s involvement in multiple instances of direct attacks on civilian structures such as homes, hospitals, schools, and humanitarian facilities. Additionally, social media posts – typical of those posted by many occupation troops demonstrating their expectation of impunity and their pride in their actions – show Friedman boasting about his involvement in these crimes.

According to HRF, Friedman is currently in Germany and believed to be in Munich, making him subject to immediate legal action under German jurisdiction. However, Germany’s collusion with and protection of Israel – including saying that Israeli PM Benjamin Netanyahu can ‘safely’ visit Germany despite an International Criminal Court arrest warrant for war crimes – raises questions about whether it will act on its legal obligations.

The HRF has filed the complaint under German law allowing the prosecution of international crimes, including:

• Murder and complicity in murder (§§ 211, 212 of the German Criminal Code)
• Genocide (§ 6 of the German Code of Crimes against International Law – VStGB)
• Crimes against humanity and war crimes (VStGB)
• Assistance in the destruction of civilian property and infrastructure

Given that Friedman is believed to hold dual Israeli/German citizenship and is currently on German soil, and the overwhelming evidence for and seriousness of the the complaint, the HRF has urged the German authorities to act swiftly to arrest and prosecute him. The legal filing requests:

• An urgent investigation into Friedman’s role in war crimes and crimes against humanity
• The issuance of a European arrest warrant
• Coordination with Interpol to prevent Friedman from evading justice – other accused war criminals have been able to escape jurisdictions where they were charged, allegedly with the collusion of state intelligence services

In a statement, the HRF has demanded that Germany must act and not allow ‘political considerations’ to interfere with justice:

Germany Must Act: No Room for Political Considerations

Germany cannot neglect the fact that it has jurisdiction over this case because this war criminal is currently in Germany.

The rule of law must prevail, and Germany must uphold its legal obligations under both domestic and international law. As a state that claims to uphold justice and human rights, Germany has the duty to prosecute individuals accused of the most serious crimes against humanity, regardless of political considerations.

The HRF calls on the German prosecution to ignore political pressures and focus on the legal
framework that obliges Germany to act. The International Court of Justice (ICJ) has already
determined that the case brought by South Africa regarding Israel’s actions in Gaza establishes the plausible risk of genocide, making it Germany’s duty to take immediate legal action.

Furthermore, the International Criminal Court (ICC) has issued arrest warrants against Israeli
Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for their roles in war crimes.

This highlights the necessity for all nations, including Germany, to uphold international justice
and prevent impunity for those responsible for atrocities.

This case forms part of the HRF’s broader legal strategy to hold individuals accountable for war crimes committed in Gaza.
It has already filed multiple complaints in various national and international jurisdictions, aiming to break the ‘cycle of impunity’ protecting Israeli perpetrators of atrocities against Palestinians.

Israel’s actions in Gaza have been widely condemned as acts of genocide by leading human rights organisations, including Amnesty International, Human Rights Watch and the United Nations Office for Human Rights. Those groups and UN Special Rapporteur Francesca Albanese have issued detailed reports outlining the systematic targeting of civilians, medical personnel, rescue workers, aid workers and journalists alongside the widespread destruction of essential infrastructure, including healthcare facilities, water treatment and energy plants and agricultural land and the forced displacement of Palestinians, providing clear evidence of genocidal intent.

Israel’s genocide in Gaza has killed at least 200,000 civilians, mostly women and children, and have maimed many more. Two million people have been repeatedly forcibly displaced and Israel is now again – and blatantly – imposing a starvation blockade of food, water, fuel, tents and other essentials for life on Gaza’s surviving population.

The HRF has emphasised that silence and inaction are no longer options for any state that wishes to present itself as humane and law-abiding. HRF’s legal action sends a clear message that those responsible for crimes against humanity must and will be pursued relentlessly, wherever they travel or hide, and brought to justice, with no consideration of privilege or of political alliances or expediency. The HRF is calling upon human rights groups, legal professionals, and the international community to support these efforts to ensure accountability and justice for the victims of Gaza. For more information, visit the HRF here.

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