UK rights group seeks prosecution of Israeli soldier with British nationality

Application for court summons bolstered by Britain's recognition of Palestine statehood

An Israeli soldier in the West Bank. A British national who served with the Israeli military in the West Bank is the target of a new prosecution attempt by a UK-based rights group. AFP

A British human rights group aims to mount a private prosecution against a British citizen alleged to have fought unlawfully for the Israeli military in Palestine.

The International Centre for Justice for Palestinians on Monday lodged an application with Westminster magistrates' court in the UK for a summons against the person, whose name has not been made public. The group is to argue that the person joined a foreign military at war with a state the UK is not fighting against, breaching Section 4 of the Foreign Enlistment Act.

If convicted, the individual faces up to two years in prison.

While the ICJP was planning to lodge the application for more than a year, it believes its case has been strengthened by the UK’s recognition of Palestine statehood as the UN General Assembly convened in September, a representative of the group told The National.

The UK's previous Conservative government had said British citizens who fought for the Israeli military would not be in breach of the Foreign Enlistment Act because the country did not recognise Palestine as a state at the time.

The ICJP has not made the individual's name public to avoid the risk of prejudicing the case. The group has previously said it investigated 10 British nationals who have fought in the Israeli military and who could be the targets of private prosecutions.

Such a move is unusual, costly and is likely to take time. An initial court hearing is expected in November to determine whether the individual should be summoned. If the summons is approved by the court, the ICJP will have to deliver it to the individual, who would then be under pressure to appear in court voluntarily. If they decline to do so, the ICJP can apply for a private arrest warrant.

The individual may not yet know they have been named in an application for a private prosecution.

The push by the ICJP follows attempts by other rights groups to have British citizen involved in the war on Gaza prosecuted through referrals to the Metropolitan Police’s war crimes unit. A 240-page report implicating 10 UK citizens was filed in April this year.

The ICJP accuses the Israeli military of being at war with all Palestinians, rather than Hamas, pointing to attacks on civilians and civilian infrastructure in Gaza and the occupied West Bank.

Israeli law does not require people living outside of the country, including Israeli citizens who are British subjects, to serve in the military. The ICJP emphasised that the individual volunteered to serve in the country's armed forces.