An Israeli army reservist vacationing in India, who was accused of war crimes by the Brussels-based Hind Rajab Foundation (HRF), appears to have left the country, according to a lawyer involved in the case.
The lawyer, who filed a complaint and requested anonymity due to security concerns, told Middle East Eye that Eitan Gilboa, a member of Israel's 271st Combat Engineering Battalion, likely departed India a few days after the HRF complaint was submitted.
Despite India’s close strategic partnership with Israel under the Hindu nationalist government of Prime Minister Narendra Modi, Indian domestic law — including the Geneva Conventions Act, 1960 — incorporates obligations under international humanitarian law, meaning that allegations of war crimes would fall within the scope of offences that India is legally bound to investigate if jurisdiction is established.
The development follows a complaint filed two weeks earlier by HRF with Indian authorities, seeking Gilboa’s arrest for alleged crimes against humanity committed in Gaza.
According to the organisation, Gilboa participated in the demolition of residential neighbourhoods in Gaza and documented these actions through videos and photographs later shared on social media.
The images show Gilboa directing and celebrating the destruction of civilian homes in Khan Younis and Rafah during Israel’s military offensive in Gaza, which has been recognised as a genocide by the United Nations, human rights organisations and genocide scholars.
HRF argues that these actions violate the Fourth Geneva Convention and constitute war crimes under India’s Geneva Conventions Act of 1960.
“Eitan Gilboa is not a tourist. He is a war criminal currently enjoying the hospitality of India while fleeing the consequences of his crimes," HRF general director Dyab Abou Jahjah said in a comment shared by the organisation when the complaint was filed.
Jahjah further stated that New Delhi should not allow its territory "to become a safe haven for those who celebrate the destruction of civilian lives".
How did India respond?
HRF said the complaint against Gilboa is part of a broader effort to investigate and seek prosecutions of individuals accused of Israeli war crimes worldwide.
Since its establishment in 2024, the organisation has submitted more than 90 criminal complaints across 30 jurisdictions.
India, along with Thailand and Sri Lanka, has become a popular destination for Israelis following the completion of their military service.
Tens of thousands of Israelis are estimated to visit India annually, particularly the Himalayan foothills, along what is commonly known as the "Hummus trail", where many seek rest, recreation and recovery.
Gilboa, who was born in an illegal Israeli settlement in Gaza and later lived in Moshav Morag, an agricultural settlement in southwestern Gaza before Israel’s withdrawal from the Palestinian enclave in 2004, joined the Israeli military’s assault on the territory following October 7 2023.
After completing his service, he travelled to India, where he was seen in Old Manali and the village of Gondla in Himachal Pradesh, MEE reported.
The lawyer said India’s response to the complaint had been "tepid", despite the country’s obligations under the Geneva Conventions Act of 1960.
"We expected that there would be some action and that India would move to enforce its obligations under the GCA as well as international law, but the only response was an email by the Bureau of Immigration asking for HRF's contact number, and that was shared," the lawyer said.
"There was no follow-up after that," the lawyer added.
Strategic ties with Israel amid legal obligations under Indian law
Documents reviewed by HRF showed the complaint had been forwarded to the Foreigners Division of India’s Ministry of Home Affairs, the New York-based Polis Project reported on June 16.
The division is generally responsible for matters such as visa cancellations.
Under Indian law, war crimes allegations can be examined through domestic mechanisms if jurisdictional thresholds are met, regardless of broader diplomatic or strategic relations.
However, no action was taken during the period in which deportation measures could have been pursued.
In its June 2 complaint, HRF called on Indian authorities to immediately arrest Gilboa, register a First Information Report (FIR) against him, and deport him from India if an arrest could not be carried out.
The complaint marks the first case of its kind in India and comes at a time of expanding relations between India and Israel.
Earlier this year, the two countries elevated their relationship to a “Special Strategic Partnership for Peace, Innovation & Prosperity”, with defence and economic cooperation forming key pillars of the agreement.
Among several new memorandums of understanding signed by both sides, the Israeli government stated that they would "act to strengthen and expand tourism ties”.
Israeli officials, including diplomats and Prime Minister Benjamin Netanyahu, have repeatedly praised New Delhi’s diplomatic backing of Israel over the past two and a half years.
India has not supported South Africa’s case at the International Court of Justice (ICJ), which accuses Israel of genocide in Gaza.
The country has also declined to join an arms embargo against Israel while continuing to export military components.
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