The Brussels-based non-profit Hind Rajab Foundation is seeking the criminal prosecution of an Israeli citizen studying in Lithuania, who it says took part in military operations in Gaza and was involved in the killing of a Palestinian girl, Hind Rajab, and others.
The foundation announced last week that it had petitioned the Prosecutor General's Office to open a pre-trial investigation into Sean Gor. However, Lithuanian law enforcement refused the request on April 9, citing a lack of direct evidence and limitations on the implementation of universal jurisdiction.
The foundation stated it disagrees with this reasoning and intends to appeal the prosecutor's decision, vowing to pursue Gor's accountability through "all possible legal means".
Dyab Abou Jahjah, director general of the Hind Rajab Foundation, described the death of five-year-old Rajab as one of the most horrific war crimes.
"We have identified 24 suspects related to this crime, and Gor is one of them. He lives in Lithuania. This creates a clear legal obligation for Lithuanian authorities to investigate his role. Justice cannot be selective, and jurisdiction cannot be ignored when a suspect is within reach," Jahjah said.
Elena Martinonienė, a spokesperson for the Prosecutor General's Office, declined to confirm the decision not to launch an investigation on Friday, citing applicant confidentiality.
Under the Code of Criminal Procedure, a prosecutor's decision to refuse an investigation can be appealed to a pre-trial investigation judge within seven days. That ruling can further be appealed to higher courts.
According to the foundation, Gor is an Israeli citizen currently studying at the Lithuanian University of Health Sciences in Kaunas, Lithuania’s second-largest city.
The man was allegedly deployed in Gaza from the start of the war in October 2023 until at least August 2024, serving in a company referred to by the foundation as the "Vampire Empire" within the 52nd Armoured Battalion of the 401st Armoured Brigade.
The foundation bases its claim on what it calls a "structured and comprehensive" investigation into the company's activities, identifying the deaths of Rajab, six of her family members, and two paramedics in Gaza City on January 29, 2024, as the primary alleged criminal act.
According to the organisation, the car in which the girl's family was fleeing the city was fired upon for several hours. An ambulance crew sent to assist with the knowledge of Israeli authorities was also targeted.
The foundation intends to seek accountability for all 24 soldiers in the company suspected of involvement in these deaths.
"This is not the end of one case, but the beginning of a coordinated legal campaign. Each of these individuals will be pursued in all jurisdictions where legal action is possible," the Hind Rajab Foundation statement read.
The foundation further alleges these individuals were involved in the destruction of Palestine Square in December 2023, the attack on the UNRWA headquarters in early 2024, and the assault on al-Shifa Hospital in Gaza City in the spring of 2024.
"The foundation has already submitted an Article 15 communication to the International Criminal Court and has begun filing complaints in national courts, including a complaint against Israeli-Argentine citizen Itay Cukierkopf. The foundation is currently preparing complaints in several other countries," the group stated.
Tunisian director Kaouther Ben Hania created a film about the girl's death titled The Voice of Hind Rajab, which was nominated for Best International Feature Film at the Oscars this year.
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