Brits Serving in Israeli Military Could Get Prison Time

Brits can now be prosecuted under UK law for the first time for serving in the Israeli Defence Forces (IDF) in Gaza and the West Bank, legal professionals have confirmed. 

British nationals and dual nationals who have travelled to Gaza to fight on behalf of Israel since the UK’s recognition of the state of Palestine on 21 September are breaking the law – and can now be prosecuted. 

If British nationals currently serving in the IDF continue to do so, they are opening themselves up to potential criminal charges. 

Paul Heron, a solicitor at the Public Interest Law Centre, told Novara Media that “the legal landscape has shifted” and that British nationals and dual nationals currently serving in the IDF should stop and come home to avoid legal action. 

“Now that Palestine has been recognised as a state, the legal and moral excuses for inaction have fallen away,” Heron said. “For the first time, it is now arguable that British dual nationals serving in the Israeli military in Gaza or the West Bank could fall foul of the Foreign Enlistment Act, a law that makes it an offence for a British subject to fight for a foreign state at war with another state with which the UK is at peace.”

Under the Foreign Enlistment Act of 1870, British citizens who accept or agree to accept any commission or engagement in the military or naval service of any foreign state at war with any foreign state at peace with Britain can be punishable by fines and/or imprisonment.

Israel has repeatedly stated that it is at war with Hamas, the current de facto governing body of the Gaza Strip. On conservative estimates, 65,000 Palestinians have been killed and 160,000 wounded in Gaza by Israel since 7 October 2023. In September, a UN commission found that Israel has committed genocide in Gaza. 

Under Israeli law, citizens or permanent residents must serve in the IDF for between 18 months to 3 years, followed by 10 years of reserve duty. Dual citizens are generally not exempt from this service but there are certain caveats. Some dual citizens who don’t reside in Israel can adjust their status to avoid conscription in the IDF via Israeli consulates and embassies. 

Jewish people of any nationality can also join the IDF via the Volunteers from Abroad (Mahal) 18-month service track – for those who don’t intend to ‘make Aliyah’ [move to Israel] – or the Tzofim Garin Tzabar programme, for those who do. 

While prosecution under the Foreign Enlistment Act is now possible for British citizens who join the IDF post-recognition of the state of Palestine, the law can’t be applied retrospectively against those who have served in the IDF over the two years prior to September. 

Heron said the Foreign Enlistment Act is “not a panacea” and has limitations. The 155-year age of the Act could be an issue. Heron describes it as “outdated and rarely enforced”. The penalties if someone is convicted under the Act are also variable as they are left to a court’s discretion.

However, there are other avenues open for the prosecution of British citizens who have served with the IDF since October 2023. One is the International Criminal Court (ICC) Act 2001, which establishes domestic offences for the ICC’s crimes of genocide, crimes against humanity and war crimes. There’s also the Geneva Conventions Act 1957, which also allows domestic prosecutions for grave breaches of the Geneva Conventions. 

In April, 10 British nationals were reported to the Metropolitan police’s War Crimes Team on behalf of the Palestinian Centre for Human Rights and the Public Interest Law Centre for allegedly committing war crimes and crimes against humanity while fighting with the IDF in Gaza. 

The 240-page report was submitted to the Met on the basis of the International Criminal Court Act and the Geneva Conventions Act. Heron stressed that both give “clear jurisdiction to prosecute grave breaches of international law”.

“Our 240-page submission to the Metropolitan police highlights that the UK cannot turn a blind eye,” he said. “The police have the power, the resources and the responsibility to investigate British nationals alleged to have taken part in war crimes, wherever they occur.”

Israel has been accused of committing numerous war crimes and crimes against humanity against the population of Gaza since 7 October 2023, including but not limited to the mass forced displacement of civilians; the use of starvation as a weapon of war; the deliberate targeting and killing of people seeking food aid at distribution sites; the systematic targeting and destruction of Gaza’s health system through the bombing of hospitals and the killing, abduction and torture of doctors and other healthcare workers; the targeted destruction of Gaza’s educational, religious and cultural sites; and the targeting and killing of Palestinian journalists.

In a statement to Novara Media, the Metropolitan police said: “The dossier and information provided to us on 7 April continues to be assessed by specialist officers to determine whether there may be any UK-based investigation required.”