Hind Rajab Foundation appeals Spain's dismissal of Gaza war crime case
3 Min Read
The Hind Rajab Foundation has appealed Spain's dismissal of a Gaza war crimes complaint against Israeli soldier Tamer Mulla, arguing that Spanish courts hold universal jurisdiction since he resides in Barcelona.
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This undated picture shows Israeli trooper Tameer Mulla posing with destruction in Gaza during Tel Aviv’s October 2023-present war of genocide on the Gaza Strip. (Social media)
The Hind Rajab Foundation (HRF) has lodged an appeal before Spain's Audiencia Nacional (Central Investigative Court No. 5, Madrid), contesting a September 22, 2025, decision to dismiss its criminal complaint accusing an Israeli soldier of genocide and war crimes in Gaza.
In its appeal, HRF again names Tameer (Tamer) Mulla, a former sergeant in the Israeli Army's 101st Paratrooper Battalion, as the accused and asserts that he is currently residing in Barcelona. The complaint, originally filed in Barcelona, charges Mulla with direct involvement in lethal operations during "Israel's" genocidal campaign in Gaza since October 2023.
HRF states the complaint is backed by extensive photographic and video evidence, including material that the soldier self-published on social media. Represented by David Aranda Checa and public prosecutor Isabel Afonso Rodríguez, the foundation argues that the dismissal breaches international law, the Spanish Constitution, and citizens' right of access to justice.
According to HRF, Spain’s status as a signatory to the Rome Statute and the Geneva Conventions obliges it to either prosecute or extradite individuals accused of grave violations. The foundation stressed that Spanish courts hold universal jurisdiction when the suspect is present in the country, a condition it says is fulfilled in this case. The foundation stressed that where the ICC targets only senior officials, domestic courts must shoulder responsibility for holding individual perpetrators accountable.
The #HindRajabFoundation has filed an appeal in #Spain against the decision to reject our war crimes complaint against Israeli soldier Tameer Mulla.
— The Hind Rajab Foundation (@HindRFoundation) October 5, 2025
Spain must respect its obligations under international law to either prosecute or extradite.#Justice4Gazahttps://t.co/To2Cl15RLV
Spain jurisdiction test
HRF's renewed legal push follows a parallel wave of universal-jurisdiction efforts. In September 2025, it filed a fresh complaint in Spain demanding Mulla's arrest for acts such as directing bulldozer operations that flattened civilian homes and supervising forced evacuations, even citing incidents in Khan Younis, Nasser Hospital, Deir al-Balah, and Jabaliya. Some of this detail was supported by videos the soldier is said to have posted himself, including one in which he compared his actions to playing Call of Duty.
Legal reform and jurisdictional hurdles pose significant obstacles. Spain's Organic Law 1/2014 limits universal jurisdiction, requiring a territorial link or the accused's presence in Spain, conditions HRF is pinning its case on. Meanwhile, Spain's Public Prosecutor recently authorized preliminary investigations into war crimes by Israeli officials tied to Gaza, signaling a revival of prosecutorial willingness.
The HRF's appeal will thus test whether Spain's courts are willing and able to act on allegations of war crimes, particularly when backed by open-source evidence and claims of suspect presence. The case also comes amid a broader trend: civil society leveraging national courts to fill the accountability gaps left by international institutions like the ICC, which has already issued arrest warrants for Benjamin Netanyahu and Yoav Gallant in connection to the genocide.
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