Palestinian justice group seeks UK prosecution of British-Israeli citizen for serving in IDF

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Israeli soldiers are deployed at Erez border with heavy weapons and military vehicles in Erez, Israel on February 29, 2024. [Mostafa Alkharouf – Anadolu Agency]

The International Centre of Justice for Palestinians (ICJP) has formally applied for a court summons to prosecute a dual British-Israeli national for allegedly breaching UK law by voluntarily serving in the Israeli military. If successful, the case could set a legal precedent for accountability under Britain’s rarely used Foreign Enlistment Act of 1870.

The individual is accused of serving first on the Lebanese border and then in the illegally occupied West Bank as a member of the Israel Defense Forces (IDF). ICJP alleges that the engagement constitutes an offence under Section 4 of the Foreign Enlistment Act (FEA), which prohibits British subjects from enlisting in the military of a foreign state that is at war with a state friendly to the UK.

In a statement released yesterday, the ICJP confirmed that its application for a court summons was submitted on 20 October. The preliminary hearing is expected to take place in the coming weeks. 

“This is a significant step in holding suspected war criminals accountable within domestic jurisdictions for offences that they have committed outside of their home countries,” said Mutahir Ahmed, ICJP’s Head of Legal. “War criminals must be held accountable for their role in the genocide, from the most senior generals to the most junior foot soldier.”

WATCH: MEMO Interviews: Will Brits fighting for Israel be charged with war crimes?

The individual named in the filing, who remains unnamed for legal reasons, is not believed to have been conscripted. Israeli law does not compel dual nationals residing abroad to enlist, which ICJP argues makes the engagement a voluntary act  and therefore subject to prosecution under UK law.

The legal submission, drafted by senior King’s Counsel, includes both expert testimony and supporting evidence of alleged FEA violations. ICJP says this is the first in a series of prosecutions it is pursuing as part of its broader Global 195 campaign, a reference to the number of UN-recognised states whose nationals may be subject to domestic accountability for war crimes committed abroad.

Palestine has been a State Party to the Rome Statute of the International Criminal Court since April 2015. Its statehood was reaffirmed by a 2021 ICC ruling and more recently recognised by the UK government. As Palestine is considered a “friendly state” under the terms of the Foreign Enlistment Act, ICJP argues that British citizens who engage in hostilities against it through service in the IDF are in breach of UK law.

The organisation says it has gathered evidence on more than 10 British citizens — including dual nationals — who may have either fought in the IDF or provided material support to its military activities. The current application marks what ICJP calls a first test case, with further prosecutions anticipated.

READ: UN rights chief urges swift compliance with new ICJ Gaza ruling

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