|  ElCiudadano.cl |  Noticias

El Ciudadano

Original article: Chile: Corte de Apelaciones de Santiago ordena debatir competencia en querella contra ciudadano israelí por crímenes de guerra en Gaza

The Eighth Chamber of the Santiago Appeals Court has unanimously overturned a ruling by the 8th Criminal Court that had dismissed a lawsuit regarding crimes against humanity, genocide, and war crimes committed in the Gaza Strip.

This legal action is led by attorney Pablo Araya Zacarías on behalf of the NGO The Hind Rajab Foundation, targeting Rom Kovtun (pictured), an Israeli citizen who is believed to currently reside in Chile.

The criminal accusation focuses on his alleged involvement as a sniper in military operations at Al-Shifa Hospital, targeting Palestinian civilians.

The core of the Appeals Court’s decision—comprised of judges Rodrigo Schnettler Carvajal, acting judge Christian Carvajal Silva, and associate attorney Sebastián Perelló Enrich—centers on strict adherence to the due process as per Chilean law.

The judges recalled that Article 114 of the Criminal Procedure Code outlines a closed list (numerus clausus) of legal grounds for a court to reject the processing of a lawsuit without prior proceedings.

«Among the reasons for a court to declare a lawsuit inadmissible on its own initiative (…) there is none that states a lack of competence or jurisdiction of the court,» the appellate ruling asserts. The Court emphasized that these grounds must be interpreted restrictively, prohibiting their application by analogy.

In this context, the plaintiff’s attorney, Pablo Araya Zacarías, expressed his satisfaction with the ruling: «We are very pleased and satisfied with the decision made by the Santiago judiciary, which nullifies the prior ruling of the Eighth Criminal Court that dismissed the lawsuit against the Israeli citizen for international war crimes and crimes against humanity.»

The Clash of Legal Principles

The superior court acknowledged that the application of Law 20.357 (which punishes crimes against humanity in Chile) and the principle of universal jurisdiction raises a profound legal discussion.

This normative principle appears to be in direct conflict with both the traditional principle of territoriality that governs the Chilean Organic Code of Courts and the jurisdiction of the International Criminal Court (Rome Statute).

However, the ruling clarified that this technical conflict does not grant the first-instance judge the authority to resolve unilaterally but mandates opening judicial debate through the principle of hearing bilateralism.

Araya Zacarías emphasized the significance of this step, noting that the ruling «opens the door for discussions in our country regarding the possibility of applying universal jurisdiction in criminal matters, especially considering international war crimes committed in Palestinian territories.»

Mandatory Hearing and Public Defense

Following notification of the superior ruling, the head of the 8th Criminal Court in Santiago, Judge Leonardo Enrique Valdivieso Lobos, has scheduled a public hearing for Friday, June 12, 2026, at 09:00, at the Santiago Justice Center (Room 402, Building A, Floor 4).

This mandatory citation will require the plaintiff NGO, the Public Ministry—as the holder of public criminal action—and the defendant’s technical defense to attend.

Due to Kovtun’s uncertain residency status in the current judicial records, the court formally assigned attorney Marcela Araya Acuña, from the Public Defense, to take over his legal representation and ensure due process in case the defendant lacks a trusted defense attorney.

For the plaintiff, this hearing holds historical significance. Attorney Pablo Araya Zacarías concluded, «On June 12, in the hearing requested by the Santiago Appeals Court, we have a historic opportunity to align with the international treaties ratified by Chile regarding the application of universal jurisdiction, especially concerning crimes against humanity, war crimes, and genocides like those currently occurring in the occupied Palestinian territories.»

We will continue to provide updates.

La entrada Chilean Appeals Court Orders Hearing on Lawsuit Against Israeli Citizen for War Crimes in Gaza se publicó primero en El Ciudadano.