The UK government mustn't ignore Britons in the IDF
In light of the horrific war crimes and crimes against humanity unfolding before our eyes, the Foreign Office has released crystal-clear advice to British citizens who may be complicit in such crimes: “If you travel to fight, or to assist others engaged in the war, your activities may amount to offences under UK legislation and you could be prosecuted on your return to the UK.”
I omitted two words from that statement, which were: ‘if you travel to Ukraine to fight…’
But other than that one reference to the location, it seems that the underlying principle is clear as day and if that’s the case, it should ring true from Kharkiv to Khan Yunis. Despite this, there is deafening silence from the Foreign Office on whether this principle applies to Israel too. As Senior Legal Counsel of the International Centre of Justice for Palestinians, I have written three times to the Foreign Office since 3rd November asking this simple question, with no response whatsoever.
Journalists have approached the Foreign Office to ask for a response, only to be told it was the Home Office’s remit. When those same journalists went to the Home Office, they were swiftly told to ask the Foreign Office. But while government departments pass the buck indefinitely, an unknown number of British nationals continue to fight for the Israeli Defence Forces (IDF) in Gaza and could be committing serious international crimes, including war crimes, crimes against humanity and, potentially, acts of genocide.
By refusing to provide clarity, the UK Government is leaving British nationals in the dark about the risks of joining the IDF. The Government is not only putting their freedom at risk, but their lives too. At least two British citizens have died while fighting for the IDF, including 19-year-old Benyamin Needham and 20-year-old Nathanel Young. Moreover, the Government is doing nothing to prevent people in the UK from becoming radicalised and joining the army of a foreign state which appears to be committing mass atrocities in Gaza.
Also, there’s absolutely nothing to stop these people going back and forth. Some were amongst the 360,000 reservists that Israel called up from around the world after the 7th October. Some of these people may be dual citizens who can potentially just enter on their Israeli passport. Others are volunteers through the ‘Mahal programme’, which allows non-Israelis to volunteer for the IDF. As far as we are aware, none of these people have been questioned or investigated on their return, and we’re not aware of any prosecutions whatsoever.
As is too often the case, it seems that Israel is being uniquely singled out as the one country to which international law does not apply. As has happened so many times, Israel gets a blank cheque when other countries committing the same crimes would not.
We’ve seen it before with the blockade of Gaza since 2007, we’ve seen it with the entrenchment of apartheid across Israel and the Occupied Palestinian Territory and we’re seeing it now with British nationals fighting in the IDF seemingly likely to get off scot-free for suspected complicity in Israeli war crimes.
So why is Israel given such unique impunity? Not only is the law quite clear on this, but there are also previous examples of British people being prosecuted for fighting overseas. Though prosecutions haven’t happened yet, British nationals are already being investigated for fighting in the Russo-Ukrainian War.
In countless other instances, we also know of people that have been investigated and prosecuted for going to fight in other regions, such as in Syria, Iraq, and Turkey. It is safe to assume that British nationals fighting for Hamas would also be investigated and prosecuted.
So, you have a serious disparity between different British people fighting in essentially the same conflict, but on opposite sides. But it shouldn’t matter. If a person is complicit in war crimes, they should be investigated and prosecuted regardless of race or religion. The whole point of law is that these principles should be applied universally, and without discrimination. They cannot be cherry-picked. For the principle of accountability to mean anything at all, it must be applied to everyone equally, without fear or favour.
Ilora Choudhury is an experienced legal professional with a background in both public and private sectors, specialising in international humanitarian and human rights law.
