Israeli soldiers operating in Beit Lahia, in the northern Gaza Strip, on Nov 28, 2024. Photo by Oren Cohen/Flash90
Israel Defense Forces advised a group of around 30 soldiers who served in the Gaza Strip against traveling internationally due to fears of legal action by pro-Palestinian groups filing complaints against them for alleged war crimes.
In at least eight cases, soldiers who had already traveled abroad to countries such as Cyprus , Slovenia and the Netherlands, were contacted by Israeli authorities and ordered to leave after authorities discovered legal filings initiated against the soldiers.
While the IDF does not prohibit international travel for reservists, it does conduct a “risk assessment” for soldiers seeking to travel abroad.
Concerns for legal action have been heightened following the International Criminal Court’s (ICC) issuance of arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant.
Travel to countries that have declared their intention to enforce the ICC arrest warrants is considered especially risky, as courts might be willing to move quickly to issue arrest or detention orders against the soldiers.
In many cases, the soldiers have been identified in their social media posts which show them participating in operations in the Gaza Strip. Many anti-Israel and pro-Palestinian groups actively monitor Israeli social media accounts looking for evidence of soldiers participating in questionable activities in order to initiate legal proceedings against them.
The IDF deliberately hides or blurs the faces of soldiers in active operations in conflict arenas to protect them from any form of retaliation, including legal action. The military has also warned soldiers against recording themselves in Gaza and posting the images or videos to social media. However, despite the advice, soldiers have continued to do so.
A recent report from The Washington Post showed several videos of IDF soldiers in Gaza engaged in activities, some of which suggest potential violations of humanitarian laws.
The IDF confirmed that it is carrying out its own investigations into the reports.
“Legal experts who reviewed the footage noted that many serious cases involve soldiers effectively admitting to and documenting potential violations of international humanitarian law,” the military said.
Earlier in the war, several IDF senior commanders and former officers complained about this lack of discipline. Technically, IDF soldiers are not supposed to take private cell phones or cameras into combat zones unless given permission by the chain of command. However, this regulation has not been strictly enforced in the current Gaza War.
Pro-Palestinian groups, many of them operating in Europe, have collected and published pictures of IDF soldiers, along with their names, and encouraged group members to actively monitor their accounts for evidence of foreign travel.
If travel locations are posted online, they may initiate legal complaints with local authorities, accusing the soldiers of war crimes in an attempt to have them arrested or apprehended.
The IDF has already been encouraging reservists traveling abroad not to post information about their trips or provide any accurate location information that could be used against them.
The Military Prosecutor’s Office does not believe that regular soldiers or even junior officers are likely to be targeted by The Hague, however, they assess that the ICC could target senior officers.
“Individual proceedings against soldiers and junior officers traveling abroad could be based on ICC rulings,” the IDF said. “To any soldier or officer, if they are arrested, summoned for questioning or feel they are being followed or photographed while abroad, Israel will provide immediate legal assistance through its local embassy or the Foreign Ministry’s situation room.”