Morocco court to hold trial against Israeli soldier for war crimes in Gaza

In Morocco, a court is preparing to try an Israeli soldier, who was detained while on holiday to Marrakesh, over committing war crimes in Gaza amid wide protests and a high-profile national lawsuit.

On Friday, 13 September, a group of Moroccan lawyers finally succeeded in convincing a court in Rabat to review a lawsuit against Israeli soldier Moche Avichzer, who arrived in July in Marrakech.

"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, one of the seven lawyers behind the lawsuit.

El-Hadjaji explained that the Attorney General in Marrakesh initially refused to accept their complaint before it was forwarded to the capital's court.

Who is the Israeli soldier detained in Morocco?

Moche Avichzer is the soldier in question. He participated in Israel's genocidal war on Gaza for three months before arriving in Morocco in July to enjoy a holiday in Marrakech.

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

So far, this is the information provided by the Moroccan Front Against Normalisation, a local organisation calling for his arrest and trial for war crimes.

The Israeli soldier, reportedly still in Marrakesh, had shared posts from his Moroccan holiday on Instagram, a few days after posting photos of himself in military gear with the rubble of Palestinian houses in Gaza. He has since deleted these images and made his account private following the brouhaha his presence has caused in the North African Kingdom.

At the end of July, hundreds protested in front of the Koutoubia, a major tourist landmark in Marrakesh. Waving keffiyehs and Palestinian flags, the protesters demanded that the Israeli soldier be tried as a war criminal and called for the revocation of the normalisation agreement with Israel.

Since last October, thousands of Moroccans have held weekly protests against the normalisation deal Rabat signed with Tel Aviv in late 2020.

Can Morocco legally try an Israeli soldier?

The lawsuit argues that the Israeli soldier Avichzer participated in the Gaza War for three months, "committing atrocities including genocide and ethnic cleansing, which he boasted about in videos showing the killing, burning, and torture of Palestinians."

"These actions are considered terrorist under both international and Moroccan law," added the lawsuit.

The complaint requests Avichzer's arrest and trial, citing three key legal provisions: Article 1-711 of the Moroccan Code of Criminal Procedure, which permits the prosecution of any Moroccan or foreigner for terrorist crimes committed outside Morocco if they are found within the country; Article 1-218 of the Anti-Terrorism Law, which covers crimes including deliberate assault on individuals’ lives, safety, or freedoms; and, Article 1-1-218 also includes joining or attempting to join terrorist groups, regardless of their form or location.

The lawsuit also includes nine images from Avichzer's social media and a report from the Moroccan Observatory for Anti-Normalisation regarding his visit to Marrakesh and the public reaction it generated.

"Whether the request is met or not is something we will leave to time", said Abelssamad Taaraji, one of the seven lawyers behind the lawsuit.

"As activists and lawyers, we have taken responsibility, and we hope that other lawyers will support us."

Over social media, pro-Palestine activists have widely shared the lawsuit to garner support and signatures from other lawyers and activists.

If the court decided to go forward with the trial, it would be the first trial of war crimes against an Israeli soldier in North Africa. It should be noted that there is no public extradition agreement between Israel and Morocco. 

The two countries signed a normalisation deal in December 2020, in exchange for US recognition of Rabat's sovereignty over Western Sahara.

While initially promoted as a pragmatic move to secure the disputed territory for Rabat, the deal has instead led to increased military and trade relations and frequent visits by Israeli officials to Morocco—at least until 7 October 2023.

When the Gaza war erupted, the Israeli office in Rabat closed and officials left the country. However, Moroccan diplomacy has confirmed ongoing normalisation with Tel Aviv but has not commented on the alleged reopening of the Israeli office in Rabat, which is reportedly taking place this month.