Canberra, Australia – The Australian Federal Police (AFP) has confirmed it is reviewing allegations that an Australian citizen serving with the Israel Defense Forces (IDF) committed war crimes in Gaza. This development follows a formal submission to the AFP by the Australian Centre for International Justice (ACIJ) and other human rights groups.
The core of the allegations involves the deliberate destruction of residential buildings without clear military necessity, a potential violation of Australian law concerning war crimes.
The submission details purported breaches of the Commonwealth criminal code, citing conduct that could constitute the war crime of "destruction and appropriation of property" and "attack against a civilian object." Each offense carries a maximum penalty of 15 years imprisonment. AFP Commander of Special Investigations, Matthew Gale, acknowledged the submission, stating his command's responsibility for investigating such grave international offenses.
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Human rights organizations, including Amnesty International Australia and the Australia Palestine Advocacy Network (APAN), have urged Australian authorities to scrutinize the involvement of any Australian nationals, particularly dual citizens, in alleged war crimes, crimes against humanity, or genocide stemming from Israel's military operations in Gaza. These groups contend that Australia has a legal obligation to investigate credible allegations, irrespective of where they originate.
Recent Senate estimates hearings also touched upon the issue, with officials from the Department of Foreign Affairs and Trade addressing the matter of Australians serving in foreign militaries. The AFP indicated it collaborates with international law enforcement bodies to support investigations into alleged Commonwealth offenses occurring outside Australia.
Furthermore, the IDF's Military Advocate General's Corps has reportedly established a unit to offer legal assistance to soldiers who may face interrogation or detention abroad. Israeli authorities have also been reported to have issued guidance to soldiers on how to avoid overseas arrest and conceal their identities during deployments.
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This situation unfolds as the conflict in Gaza, now reportedly past its 1000th day, has resulted in a significant loss of life and widespread destruction within the enclave. The Australian Centre for International Justice previously wrote to several government ministers and the AFP, calling for clear warnings to the public about the legal risks of engaging with the Israeli military and for thorough investigations into Australians potentially involved in international crimes. They argue that the government's inaction constitutes a breach of Australia's international legal obligations.
