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A Brazilian judge this month ordered the police to mount an investigation into an Israeli who was on holiday in the country. This followed a legal application from the Hind Rajab Foundation, a group named after a five-year-old Palestinian girl killed in Gaza.
The Israeli authorities were compelled to help this Israeli soldier flee Brazil. The grounds for were that the soldier appeared to have videoed himself destroying a shelter for displaced Palestinians in Gaza.
All of this is because of the war crimes, even genocide, Israel has been perpetrating in Gaza. In the future, could it be that Israelis who have served in the Israeli army have fewer and fewer locations to travel to and may face judicial action abroad?
The Israeli military has now ordered all those ranked colonel and below to ensure that their names and faces do not appear in any form of media. Will this be enforced?
Yet, this is rather late in the day. Who has not seen any of the torrent of TikTok videos of Israeli soldiers posing arrogantly in Gaza, perhaps wearing female lingerie or defiling a mosque? Such actions do not appear to have been met with any official sanction.
One wonders whether the Brazil example will be a one-off or part of a strategic effort to go after possible Israeli war criminals
Chris Doyle
Human rights groups will have a wealth of data on Israelis who have fought in Gaza. Going forward, Israeli officers may be more careful, but it may already be too late. One wonders whether the Brazil example will be a one-off or part of a strategic effort to go after possible Israeli war criminals.
Could this act as a deterrent? Might it in any way puncture the arrogant, “we can do anything we like in Gaza” attitude that has permitted this genocide to be prosecuted? Who knows what is the limit to Israel’s actions?
But securing the arrest and indictment of Israelis in other states will not be easy.
Firstly, you need a state that is willing to stand up for international law and also take the ensuing flak from both Israel and the US. The US House of Representatives last week passed a bill that could lead to sanctions against the International Criminal Court. Many American politicians have threatened military action if Prime Minister Benjamin Netanyahu or ex-Defense Minister Yoav Gallant are arrested. The Israeli Knesset is similar legislation to authorize the government to “use of all means to extract Israeli nationals apprehended” in connection with the International Criminal Court. It would even make it illegal to have direct or indirect contact with the court.
However, there may be some willing states. South Africa could be one, but as it has accused Israel of genocide at the International Court of Justice, it is not a favored destination for Israelis. A few countries in Europe, like Spain, Norway and Ireland, might have the courage.
Secondly, there is the issue of securing evidence against an individual. This might not be so easy. For example, the Israeli state policy of starvation is a clear crime against humanity. But a court would need to see significant evidence against an individual Israeli.
Thirdly, those who wish to execute this would have to know the travel plans of a specific Israeli to go after. It is hard but not impossible. A businessman who had served in Gaza may be at a conference, for example, but the opportunities may be slim.
Action could be brought against young army soldiers who had fought in Gaza, perhaps when they go on a six-month post-army holiday in southeast Asia. Israeli reservists, who tend to be older, may go more to Europe for weekends or skiing trips.
The court should be prosecuting those involved in the Israeli settlement industry. Here, there is no dispute of fact or legality
Chris Doyle
Dual-citizens are also potentially vulnerable. For example, an Israeli Gaza veteran with an EU passport could be liable to prosecution in a European court.
But the more likely scenario is going after those higher up the chain of command. Israeli generals and commanders are well-known individuals with command responsibility. Many already do not travel to a host of states for fear of criminal proceedings. Back in 2009, an arrest warrant was issued in the UK against then-Israeli Foreign Minister Tzipi Livni over her role in that year’s war on Gaza. She was compelled to cancel a planned visit.
The International Criminal Court may be the most effective route. Arrest warrants have already been issued against two Israeli leaders, but the chief prosecutor was clear that more could be coming. The court should be prosecuting those involved in the Israeli settlement industry. Here, there is no dispute of fact — they exist — or legality. They are illegal and a violation of the Rome Statute.
Universal jurisdiction is a powerful tool to prevent and deter war crimes. Just as it mattered that Syrian regime war criminals were pursued in European and other courts, so too Israeli figures who may have committed war crimes should be investigated. European and American leaders may have lost whatever moral compass they had, but judicial bodies can play a huge role in terms of justice and deterrence.
- Chris Doyle is director of the Council for Arab-British Understanding in London. X: @Doylech