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Why are Israeli soldiers overseas at risk of being arrested?
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  • Why are Israeli soldiers overseas at risk of being arrested?

Why are Israeli soldiers overseas at risk of being arrested?

FP Explainers • January 6, 2025, 20:30:00 IST
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At least a dozen cases have been filed against Israel Defense Forces (IDF) soldiers abroad, most in recently in Brazil. The soldiers have been accused of committing war crimes in Gaza by the Hind Rajab Foundation (HRF), a Belgium-based NGO which says it is dedicated ’to breaking the cycle of Israeli impunity and honouring the memory of Hind Rajab and all those who have perished in the Gaza genocide'

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Why are Israeli soldiers overseas at risk of being arrested?
At least a dozen cases have been filed against Israel Defense Forces (IDF) soldiers abroad. Reuters

Israeli soldiers going abroad now face the threat of arrest.

According to a report at least a dozen cases have been filed against Israel Defense Forces (IDF) soldiers abroad.

The most recent such case occurred in Brazil where a soldier had to flee the country.

But why is this happening? What do we know?

Let’s take a closer look:

Soldiers accused of war crimes in Gaza

As per The Times of Israel, IDF soldiers are being accused of war crimes in Gaza.

Cases against IDF soldiers have been filed in Brazil, Sri Lanka, Thailand, Belgium, the Netherlands, Serbia, Ireland, and Cyprus as per the newspaper.

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Haaretz reported that South Africa and France are also on the list of countries.

There are reports of Israelis being asked to leave various countries to avoid being criminally prosecuted.

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The newspaper quoted Channel 12 as saying that most cases witnessed no investigations taking place.

None of the soldiers thus far have been arrested.

However, it added that the case in Brazil nearly spiralled into a diplomatic crisis.

According to CNN, these lawsuits are being filed by the Hind Rajab Foundation (HRF).

The case is the latest in a series of lawsuits brought by the Hind Rajab Foundation (HRF) that has tracked the activities of hundreds of Israeli soldiers serving in Gaza.

The HRF is a Belgium-based pro-Palestinian NGO.

It says it is dedicated “to breaking the cycle of Israeli impunity and honouring the memory of Hind Rajab and all those who have perished in the Gaza genocide.”

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Rajab, five, was killed along with her family in their car after they were fired upon by an Israeli tank.

The bodies of Hind and her family were found weeks later after Israeli forces exited the area. AP

The heart-breaking phone call made by Rajab went viral and drew the attention of many across the world to the plight of children in Gaza.

The HRF in the case against the soldier in Brazil brought by lawyer Maira Pinheiro accused him of “participating in massive demolitions “of civilian homes in Gaza during a systematic campaign of destruction.”

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Pinheiro told the media Brazil, being a signatory to the Rome Statute, must probe and penalise war crimes, crimes against humanity, and genocide.

A judge in Brazil directed police to investigate the soldier on the basis of the plaint.

Times of Israel quoted local media as saying that the soldier was being investigated based on his potential involvement “in the destruction of a residential building in the Gaza Strip while using explosives outside of combat.”

Washington Post quoted the HRF as saying it had provided video footage, geolocation data and photographs showing the soldier participating in the demolition of civilian homes.

It called the move a “pivotal step toward accountability for crimes committed in Gaza.”

It quoted Brazilian media as saying that an on-call federal judge in the Federal District had issued the ruling on December 30.

As per CNN, in Sri Lanka, the HRF put up a photograph of the soldier.

It said it had asked Sri Lankan authorities, the International Criminal Court and Interpol, to arrest the soldier for killing of a civilian in Gaza.

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Israel has faced much flak for its war against Hamas in Gaza.

The International Criminal Court has issued arrest warrants for Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant.

The International Court of Justice is also investigating claims of genocide in Gaza.

How is Israel responding?

Haaretz on Sunday reported that the Military Advocate General, the Foreign Ministry, the National Security Council, and the Shin Bet have set up a joint task force to combat the threats to soldiers abroad.

The outlet reported that active-duty soldiers must have their travel destinations approved by senior commanders.

However, the Military Advocate General’s Corps has expressed worry about oversight when it comes to dealing with reservists.

Middle East Eye reported that the government has warned soldiers travelling abroad that they could be held.

The government is also contacting local law firms to help soldiers who are detained.

Haaretz reported that senior lawyers have warned government leaders that their public statements could potentially impact international legal proceedings when it comes to IDF soldiers.

Sources have said that Israel’s position is that Gaza is currently a combat zone.

They say that members of Israel’s parliament making any statements that contradict this could result in its soldiers being legally exposed abroad.

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A former senior officer in Israel’s Judge Advocate General’s department told CNN that the activist groups were not going after high-ranking soldiers and politicians but regular members of the army.

The ex-officer admitted that there had been an increasing number of efforts abroad to bring charges against their troops.

However, the officer noted that none of these attempts thus far had been successful.

Foreign Minister Gideon Sa’ar has gotten involved in the Brazil case.

Times of Israel quoted the Foreign Ministry as saying that Sa’ar had directed the country’s embassy and consulate in Brazil to get in touch with the soldier and his family, who “accompanied him throughout the event until his swift and safe departure from Brazil.”

“The Foreign Ministry draws the attention of Israelis to posts on social media about their military service, and to the fact that anti-Israeli elements may exploit these posts to initiate futile legal proceedings against them,” the Foreign Ministry added.

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The Washington Post reported that the soldier had left Brazil on a commercial flight.

“The State of Israel is dealing today with an organised campaign by pro-Palestinian organizations that are trying to gather materials that soldiers have posted over the course of the war, and to use them to try to have those soldiers arrested,” Israeli Ambassador to Brazil Daniel Zonshine told Channel 12.

The war was sparked by Hamas-led militants’ attack into Israel on October 7, 2023. They killed around 1,200 people, mostly civilians, and abducted around 250.

Around 100 hostages are still inside Gaza, at least a third believed to be dead.

Israel’s offensive in retaliation has killed more than 45,500 Palestinians in Gaza, according to the territory’s Health Ministry, which says women and children make up more than half the dead. The ministry doesn’t distinguish between civilians and combatants in its tally.

Israel’s military says it only targets militants and blames Hamas for civilian deaths because its fighters operate in dense residential areas. The army says it has killed 17,000 militants, without providing evidence.

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The war has caused widespread destruction and displaced about 90 per cent of Gaza’s population of 2.3 million, many of them multiple times. Winter has now arrived, and hundreds of thousands are sheltering in tents near the sea.

With inputs from agencies

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