Activists Pursue Legal Action Against Israeli Soldiers Worldwide

Activists are increasingly pursuing legal action against individual Israeli soldiers for alleged war crimes in Gaza, with complaints filed in numerous countries. As the International Criminal Court (ICC) faces delays in its verdict on allegations of genocide against Israel, campaigners are turning to national courts under the principle of universal jurisdiction.

Countries including the United Kingdom, Belgium, Brazil, Chile, Cyprus, France, the Netherlands, Portugal, Peru, and South Africa are now involved in these efforts. This principle allows national courts to prosecute individuals for war crimes committed outside their borders if the suspects are citizens or visit those countries.

Alexis Deswaef, a human rights lawyer and vice-president of the International Federation for Human Rights, emphasized that states have a legal obligation to act if their nationals are implicated in such crimes. “If they are informed that some of their citizens participate in the crime of genocide in Gaza, they have the obligation to prosecute – that’s in their national legislation,” he stated.

In July, Belgian authorities detained two Israeli soldiers attending the Tomorrowland electronic music festival after a report linked them to the display of the Givati Brigade flag, part of the IDF. Their case has since been referred to the ICC. The European Jewish Association expressed deep concern over the questioning of the soldiers, arguing that they were fulfilling lawful duties comparable to those of any soldier in a democratic nation.

A significant number of IDF soldiers hold dual nationality, with many possessing European passports. This dual citizenship allows for potential prosecutions even in absentia in various jurisdictions. Recently, several non-governmental organizations (NGOs) filed a complaint against two French-Israeli soldiers for allegedly executing civilians as part of a sniper unit. Witness testimonies collected by the Gaza-based Al Mezan Center for Human Rights reported incidents involving children being shot near hospitals between November 2023 and March 2024.

The International Federation for Human Rights filed the complaint after an investigation revealed accusations against Israel’s sniper unit, known as the Refaim or “Ghost” unit, for deliberately targeting unarmed civilians. This unit is believed to include many dual nationals.

Earlier this year, the IDF reportedly imposed media restrictions to protect soldiers traveling abroad from the risk of legal repercussions. This decision followed an incident where the Israeli embassy assisted an army reservist in fleeing Brazil after a court initiated an investigation into war crime allegations against him. The case in Brazil was pursued by the Hind Rajab Foundation, named after a five-year-old girl whose tragic death during a military operation drew international attention.

Activists have utilized open-source evidence, particularly social media posts made by soldiers, to support their legal claims. In one instance, a sniper’s post boasting “4 rounds, 0 misses” prompted investigation in Portugal. Similar evidence surfaced in Brazil, where a reservist shared videos of himself destroying buildings in Gaza. Another complaint was filed in December against a French-Israeli soldier after a video showed blindfolded Palestinian detainees being verbally abused.

Deswaef noted that such social media admissions could simplify the prosecution process. “Normally, perpetrators of international crimes deny it. They say: no, I was not there. No, I didn’t have the weapon in my hands. No, I didn’t participate. Here they are proudly posting videos confessing and admitting and even claiming participation in the genocide or in the war crimes. That’s new,” he explained.

Historical precedents exist for prosecutions related to the Rwandan genocide and recent war crimes cases in the Netherlands, Belgium, and Germany concerning the Syrian civil war. In response to inquiries about the detention of the two soldiers in Belgium, an IDF spokesperson stated, “we have no comment.”

As of now, no accusations have been directed at Irish citizens regarding war crimes in Gaza. In discussions within the Dáil, Taoiseach Micheál Martin acknowledged that Irish nationals could face prosecution for war crimes occurring outside of Ireland’s jurisdiction. Nevertheless, he confirmed that there are no plans to alert any Irish citizens serving or volunteering in the IDF about potential legal consequences.

Deswaef also highlighted the potential for multinational corporations based in Ireland to face accusations of complicity if they provide services to Israeli forces. “If a company has its seat in Ireland, that puts a special responsibility on the Irish jurisdiction to investigate,” he argued. “A country cannot take the seat of companies only for the advantages, and then when there is a criminal behavior and participation in crimes of international law, look away.”