Moroccan Court to review complaint against 'mercenary' Israeli soldier for war crimes

Rabat's Court of Appeal has agreed to review a complaint brought by Moroccan lawyers against an Israeli soldier for war crimes, according to multiple Moroccan news sites on Thursday.

The solider, Moche Avichzer, has been reportedly staying at a hotel in Marrakesh, where he is on vacation.

The lawyers - Selwa Mjadli, Abdelali El Haddaji, Najia El Haddaji, Khadija Akka, Mohamed Alarabi Almoataz and Salah Ziadi, represented by Bouchra Al Assimi are all members of the Marrakesh Bar. The lawsuit was submitted on July 29.

"The Court of Appeal in Rabat agreed to review the lawsuit after some effort, classifying it under terrorism-related crimes," said Moroccan lawyer Najia El-Hadjaji.

According to French-language Moroccan outlet Telquel, Qatari-owned Al-Araby, and English-language Morocco World News, the lawyers claim to represent Moroccan citizens who have suffered "serious harm as a result of the crimes committed by the aforementioned Moche Avichzer and that it is their duty, as lawyers, to protect rights, defend the oppressed, prosecute criminals and fight terrorism."

In July, multiple social media accounts posted about Avichzer's vacation in Marrakech, where he was allegedly accompanied by a group of Israelis. The group was reportedly part of a band in which Avichzer played the Qanun (a type of Zither).

After participating in the genocide war in Gaza for three months, Moshe Avichzer is now spending a vacation in Marrakech, Morocco, accompanied by a group of Israelis where he works as a qanun player.بعد المشاركة في حرب الإبادة في غزة لمدة ثلاثة أشهر، يقضي موشيه أفيدزر الآن… pic.twitter.com/PSDwmhWRQA

— Khaled Yousry (@KhaledYousry22) July 20, 2024

Jamal Bahar of the Moroccan Front Against Normalization said, "This soldier presents himself as an artist by performing on his instrument at tourist sites in Marrakesh."

The lawyers filed the complaint alongside 'evidence,' according to Telquel, which included screenshots of Avichzer's social media including, allegedly, his military actions in Gaza.

They also referred to a report by the Moroccan Front Against Normalization, which also recently filed a complaint against a group of Moroccans who traveled to Israel.

According to the Moroccan sources, the lawyers refer to Avichzer as a "mercenary" whose actions count as terrorism under international law and who "participated in the crimes and atrocities committed by the army of the Zionist entity in Gaza for three months."

The lawyers claimed that during his service in Gaza, Avichzer "committed numerous massacres and crimes against humanity, which he boasted about in documented videos in which he confirmed having killed, burned, tortured and raped Palestinians."

Moroccan law

Their complaint to the Attorney General was based on Article 711-1 of the Moroccan Criminal code, which allows them to prosecute an individual/s for terrorist offenses committed abroad, provided that the individual/s is/are present on Moroccan soil:

"Any Moroccan or foreigner who commits outside the Kingdom as an ordering party, contributor or participant a terrorist offense, whether or not it is intended to harm the Kingdom of Morocco or its interests, shall be prosecuted and tried before the competent Moroccan courts. However, if the terrorist acts are not intended to harm the Kingdom of Morocco or its interests and are committed outside the Kingdom by a foreigner as the principal perpetrator, contributor, or participant, he may only be prosecuted or tried if he is found on national territory.”

Avichzer has not been arrested and allegedly is staying at a well-known hotel, but the lawyers hope to obtain a warrant and a trial before the court.

Having initially been refused by the prosecutor in Marrakesh, the lawyers turned to Rabat. To prevent Avichzer leaving the country, the lawyers have asked the complaint be processed quickly.

If the Rabat court proceeds with the case, it would be the first war crimes trial against an Israeli soldier in North Africa, Morocco World News added. 

The Jerusalem Post has reached out to Avichzer for comment.