Yaniv Kubovich
Haaretz / January 5, 2025
While active-duty and career soldiers must obtain approval for their flights, the IDF is concerned about the lack of oversight for reservists. Israel works to block probes abroad as officials criticize IDF chief for failing to curb Gaza video leaks.
Israeli security agencies and government ministries are preparing to assist soldiers and reservists facing potential arrests abroad for participating in alleged war crimes in Gaza.
Authorities in Israel are coordinating with local law firms to provide immediate legal aid if necessary. Some Israeli travellers have been warned that they are at risk of detention, though most have continued their trips without incident or questioning.
While active-duty soldiers must have their travel destinations approved by senior commanders, the Military Advocate General’s Corps has expressed concern over the lack of oversight for reservists.
Complaints have been filed against IDF soldiers in South Africa, Sri Lanka, Belgium, France, and Brazil. In the latter, a court recently ordered an investigation into a reservist who fled the country.
No similar complaints in other countries have yet led to formal probes, and Israeli legal officials are working to prevent further investigations or arrests. However, senior legal officials warn that statements by members of the government may undermine efforts to defend soldiers.
A joint task force of the Military Advocate General’s Corps, the Foreign Ministry, the National Security Council, and the Shin Bet is now analysing risks to soldiers in various countries and monitoring potential investigations, like the one launched in Brazil.
In recent months, Israeli authorities have identified pro-Palestinian organizations collecting testimonies, photos, and videos shared by IDF soldiers on social media during the war in Gaza.
These organizations are also monitoring soldiers’ online activity while abroad, exposing those who post content that identifies their location to potential legal complaints.
The IDF acknowledges that the Gaza war has been documented more extensively than any previous conflict, with both sides generating unprecedented amounts of footage.
Early in the war, senior legal officials warned that soldiers posting videos online posed significant risks. Although IDF Chief of Staff Herzl Halevi took steps to address the issue after being alerted by senior officials, some argue that his response has been insufficient and criticize his failure to prosecute officers and soldiers responsible for unauthorized documentation.
Legal officials in both the civilian and military systems warn that without a state commission of inquiry into the events of October 7 and the Gaza war and with continued threats to judicial independence, Israel’s ability to defend its soldiers internationally will weaken.
Senior officials had warned even before the war that judicial reforms could damage the judiciary’s standing abroad and expose Israeli political and military leaders to criminal proceedings.
These fears materialized with the recent arrest warrants issued against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. Military legal sources caution that these warrants may be only the beginning.
Officials are concerned that if Israel cannot convince the international community that its judiciary is capable of investigating and prosecuting war crimes credibly, soldiers will face growing risks of arrest and legal action abroad.
They warn that statements by senior government officials opposing investigations into alleged abuses, such as the Sde Teiman base incident, undermine Israel’s position.
Similarly, attacks on senior judicial figures by ministers and Knesset members further erode international confidence in Israel’s ability to conduct independent investigations.
Recently, senior legal officials have told government leaders that their public statements have direct implications for international legal proceedings involving IDF soldiers.
Israeli legal representatives are often required to provide explanations to various international bodies regarding controversial remarks by ministers and Knesset members, including calls to annex Gaza or establish settlements there.
Sources familiar with the International Court of Justice proceedings in The Hague say Israel’s primary argument is that Gaza is not occupied territory but a combat zone. They warn that statements to the contrary by Knesset members and ministers could harm Israel’s legal defense and expose its soldiers to further risks abroad.
Similarly, calls by government officials to starve Gaza’s population to pressure Hamas have drawn sharp criticism from the international community, which has already condemned Israel for allowing only limited humanitarian aid into the territory.
Israeli legal and security officials have repeatedly been called upon to defend these policies to the country’s allies.
Yaniv Kubovich – defense editor
