The legal threats abroad against those who have served in the IDF show that we have entered a new stage in the legal warfare arena. What began as a specific and exceptional risk for senior officials has trickled down to any ordinary IDF sergeant, who is traveling abroad after a year and a half of combat service.
The time has come for the State of Israel to brace itself and face the enormous challenge it is now confronting. Israel must adopt a comprehensive strategy, establish a broad organizational and legal framework, and even pass new legislation to regulate the defense of soldiers persecuted abroad.
Today’s war is not confined to the battlefield. It is raging in other arenas, thousands of miles from Israel. It is a war of consciousness. Israel’s enemies – who have failed on the battlefield – seek to tar Israel internationally as a criminal and pariah state to be reviled. In the past year, we have seen worrying developments in the form of legal charges of “genocide” brought against Israel at the International Court of Justice (ICJ), the ICJ’s advisory opinion on the “legality of the occupation,” and, of course, the International Criminal Court (ICC) arrest warrants against the prime minister and former minister of defense.
Now, even rank and file IDF soldiers have become pawns on this chessboard. They often put themselves in jeopardy unwittingly, usually as a result of something they posted on social media during their military service. Israel’s enemies have homed in on this and have set up well-funded media mining systems and pursue ordinary soldiers. In addition to amplifying claims that Israel is committing war crimes, they seek to undermine the willingness of Israelis to serve in the IDF.
For about a decade, an inter-ministerial team has been dealing with these threats against senior officers and soldiers, together with the IDF Military Advocate General’s Office. To its credit, all of the threats so far have been thwarted. At present, not a single Israeli soldier is sitting in a foreign prison due to their IDF service. To date, most of the thwarted threats have been kept under the radar and out of the public eye, which is all to the good.
Dr. Robert Neufeld
But this will not be enough in the long term. What has been done quietly so far is unlikely to remain that way. The State of Israel needs a much broader combat strategy and organizational framework to deal with the growing threat.
First, significant preventive measures are required. Among other things, Israel must ensure that every soldier, regular or reserve, is educated about the risks of posting on social media. Many of them, who rightly take pride in their contribution to the country, are unaware of the price they may pay for it, sometimes years after they take off their uniforms. At the same time, it is also necessary to proactively monitor and draw the attention of Israelis to posts that may put them at risk. Raising awareness among the public will cost money, but this is an appropriate and vital investment.
Second, a support system must be established: an accessible hotline that the state makes available to soldiers and civilians, both before traveling and also while abroad. Among other things, travel warnings issued by the National Security Council should include specific references to countries where the legal risks are significant, such as South Africa, which has already announced that it will prosecute dual citizens who have served in the IDF.
Finally, it is essential that the Knesset take action. Legislation is required that will formalize existing protective mechanisms and pave the way for those that still need to be established. Those who initiate and assist in the persecution of soldiers must face sanctions, and Israeli combat veterans should be granted indemnification guarantees and funding for legal aid. Provisions should also be made to provide support for their family members.
Legal warfare has its own pace. It is certain to challenge us for years after the long-awaited end of the war. It is Israel’s moral duty to envelop its fighters in legal protective gear to ensure that no harm will come to them in this arena, even years after they fought in service to the state.
Dr. Robert Neufeld is an expert in international law, a senior fellow at the Jewish People Policy Institute (JPPI), and a research fellow at the Minerva Center for the Rule of Law under Extreme Conditions at the University of Haifa. He served as a senior officer in the IDF Military Advocate General’s Office.
