Israeli soldiers are facing the growing risk of being arrested abroad for alleged war crimes committed in Gaza, with around 50 criminal complaints filed so far in courts around the world.
A week ago, a former Israeli soldier hastily ended his holiday in Brazil after the country’s Federal Court ordered police to open a war crimes investigation against him. The man subsequently fled to Argentina.
A complaint lodged by the Belgium-based Hind Rajab Foundation (HRF) included over 500 pages of court records linking the suspect to the demolition of civilian homes in Gaza.
The group called the Brazilian court’s decision “historic”, saying it marked a significant precedent for a member of the International Criminal Court (ICC) to enforce Rome Statute provisions domestically in the 15-month Israeli war on Gaza.
The incident sparked a political uproar in Israel, with the foreign ministry reportedly helping the ex-combatant leave Brazil and condemning “anti-Israel elements” who were pushing for his arrest. The ministry also warned its nationals against posting details of their military service on social media.
Throughout the war, Israeli soldiers have shared videos from Gaza showing them searching homes, destroying residential buildings, chanting racist slogans, and openly boasting about committing what appear to be war crimes.
“Israeli soldiers are very vulnerable to these prosecutions if they travel abroad,” Kenneth Roth, former executive director of Human Rights Watch (HRW), told The New Arab. “Any authorised national court anywhere in the world can prosecute them for crimes against international law”, such as war crimes, crimes against humanity, and genocide.
The ex-HRW director, who’s now a visiting professor at Princeton’s School of Public and International Affairs, observed that the “quest for justice” could be far-reaching and involve any national government, not just the ICC.
Commenting on the warnings to soldiers over their social media posts, Roth underlined how the Israeli government didn’t ask them to stop committing crimes but simply to refrain from posting content of their conduct. “They just tried to cover them up,” he said.
The landmark war crimes case in Brazil was the latest in a string of lawsuits brought by the Hind Rajab Foundation (HRF), which has identified Israeli soldiers who are alleged to have committed atrocities while serving in Gaza. The case raised the prospect that regular Israeli troops could also face legal action while on holiday overseas.
So far, the organisation has tracked and sent the names of 1,000 Israeli soldiers to the ICC, and pursued legal cases in a number of countries, including Thailand, Sri Lanka, the Netherlands, Cyprus, the UK, Belgium, France and Brazil.
In late December, the Hind Rajab Foundation filed a legal complaint against Israeli soldier Gal Ferenbook, who was visiting Sri Lanka. The complaint was submitted to the country’s authorities, the ICC, and Interpol, demanding his arrest over the killing of a Palestinian civilian in Gaza.
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According to the group, Ferenbook posted a video on his Instagram account exhibiting the dead body of a Palestinian as a war trophy. In the video, he also laughed proudly as another soldier called him “Terminator”. The lawsuit prompted the soldier’s immediate evacuation by Israeli authorities.
In the same month, the HRF called on French authorities to initiate legal proceedings against Roi Hakimi, an Israeli combatant who was visiting France, on charges of acts of torture and enforced disappearances in Gaza.
The evidence consisted of his own social media posts that featured photos and videos of him documenting scenes of destruction in Gaza, detainees in degrading conditions, and other alleged violations of international law. One particularly incriminating image depicted Palestinian detainees, bound and stripped to their undergarments, standing in freezing temperatures at night amid Gaza’s ruins.
In December, the advocacy organisation urged Belgium to deny accreditation to Colonel Moshe Tetro, Israel’s incoming military attaché to Brussels who headed the unit coordinating aid into Gaza, due to his involvement in serious crimes.
In a formal legal claim filed with the ICC, the HRF also demanded immediate action against the colonel for allegedly implementing a policy of starvation against Gaza’s population by restricting food, water, and medical supplies. The new military envoy is also accused of directing attacks on hospitals.
“What’s unique is the idea of going after lower-ranking soldiers who thought they could act with impunity in Gaza,” Neve Gordon, professor of international law and human rights at Queen Mary University of London, told TNA. He said the goal is to create some “panic” by indicating that even regular troops could face consequences for their actions.
So far, none of the attempts overseas to bring charges against Israelis who served in the war have led to arrest or trial. Yet, these legal challenges highlight the increasing push for accountability for alleged Israeli war crimes in Gaza.
“It’s a very significant step that indicates there’s justice in the pursuit of justice itself,” Mark Kersten, an assistant professor in criminal law at the University of the Fraser Valley, told The New Arab.
He pointed out that even if these lawsuits do not lead to accountability, the accused cannot act freely. Their holidays are disrupted, and “their world shrinks” as they are recognised and tracked, and efforts are made to hold them accountable.
Moreover, Israel’s response reflects a significant concern that regular soldiers, not only high-ranking officers and politicians, can be prosecuted for their actions.
In November, the ICC issued arrest warrants for Benjamin Netanyahu and his former defence minister Yoav Gallant for war crimes and crimes against humanity, while the International Court of Justice (ICJ) is conducting a separate investigation into genocide allegations.
There have been multiple reports of the Israeli army urging its personnel to leave various countries for fear of arrest. Last month, the Israeli army warned dozens of soldiers against travelling abroad over war crimes claims brought against them.
The Israeli government is preparing to assist reservists and soldiers internationally in the event of arrest and legal action for alleged war crimes in Gaza. Officials are reportedly coordinating with local law firms overseas to provide immediate legal support.
Amid mounting pressure on countries to detain Israelis suspected of war crimes, a joint body was formed including the military prosecution, the foreign ministry, the National Security Council, and the Shin Bet intelligence agency, to analyse travel risks for combatants in different countries.
Israeli media even published a guide for holidaying soldiers on how to avoid arrest abroad and what to check before travelling.
Gordon noted that the impact of the legal proceedings has “created a threat”, referencing the panicked response from Benjamin Netanyahu’s government, which swiftly took steps to protect its active-duty military staff overseas.
“I think soldiers going abroad will now really think twice about what they post from Gaza,” the political scientist said, stressing that content shared by Israeli soldiers on social media platforms clearly shows not just destruction but an apparent “joy” accompanying it.
Gordon believes there is a serious risk of arrest or legal action for Israeli soldiers involved in war crimes, however, he made clear that such prospects rest on the “will” of the country they are visiting, its legal system, and the “pressure” that Israel would put on that state not to issue an arrest warrant.
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The risk these alleged perpetrators face of war crime arrests in foreign countries largely depends on the state’s jurisdiction. In many instances, for a case to proceed, approval is required from the attorney general, who in most countries acts as both a legal authority and a political figure. This dual capacity makes the process for highly political cases more complex as the chief legal officer of a government must authorise the case moving forward.
“That means countries that are friendly to Israel, even if able to exercise universal jurisdiction, are very unlikely to do so,” Kersten said.
The criminal law expert argued that universal jurisdiction cases may progress where there is “no political oversight”, allowing decisions to rest entirely with judges and lawyers, or in countries that have voiced intent “to hold perpetrators of international crimes to account”.
In his view, for these cases to succeed an ideal synergy of elements like solid evidence, adequate resources, impartial judges, and non-interference from the state is necessary.
He remarked that most states are capable of exercising universal jurisdiction, meaning they can investigate and prosecute certain crimes regardless of where they were committed or the nationality of the perpetrator or the victim, as long as the accused is present in the country where a case has been initiated against him.
Besides the government oversight obstacle, as Kersten explained, another complication is the legal process required to authorise an arrest warrant for an individual temporarily in a foreign country who’s suspected of international crimes.
“It’s a very short time span to apply for an arrest warrant, have a judge or a government to approve it, and act before someone on vacation is notified and can leave the country,” the criminal justice professor emphasised.
Alessandra Bajec is a freelance journalist currently based in Tunis.
Follow her on Twitter: @AlessandraBajec
