Australia Reviews War Crimes Complaint Against Former IDF Soldier Amid Gaza Conflict

Australia's federal police are examining a complaint filed against an Australian citizen who served in the Israel Defense Forces (IDF) during the recent Gaza conflict, alleging involvement in war crimes and crimes against humanity. This investigation, reported by the Australian edition of The Guardian on June 7, 2024, could mark the first official Australian inquiry into alleged offenses committed by an Australian while serving in the IDF. The complaint was submitted by the Australian Centre for International Justice (ACIJ), a pro-Palestinian organization, and includes 65 pages of evidence plus 43 appendices containing testimonies, videos, social media documentation, satellite images, forensic findings, and materials allegedly posted by the soldier and others from his unit.

The soldier, whose name has not been disclosed, is accused of unlawfully seizing and then detonating a residential building in Gaza that was used as an IDF operational base, an act claimed to lack military justification and thus constituting a war crime under Australian law. The complaint alleges a systematic pattern of civilian property damage and charges the soldier with three offenses under Australian criminal law: unlawful destruction or seizure of property, attack on a civilian target, and an inhumane act as a crime against humanity. Penalties for these offenses range up to 15 years imprisonment, and up to 25 years for crimes against humanity.

Since the Hamas attack on October 7, 2023, approximately 1,000 Australian citizens have reportedly served in the IDF, some residing in Israel with Australian passports. Australian law does not criminalize service in a foreign military but holds citizens accountable if suspected of war crimes. The Australian Department of Home Affairs has identified four Australians who left the country since October 7, 2023, suspected of intending to serve in the IDF; three were questioned at the border but allowed to depart.

The federal police have confirmed receipt of the complaint and are currently assessing the evidence without having opened a formal criminal investigation. Police spokespersons declined to comment on whether the soldier has been questioned. The IDF has guidelines restricting soldiers from posting images or information that could be interpreted as harming civilians or violating international law, but enforcement appears limited. The ACIJ plans to submit additional complaints against other Australians who fought in Gaza. The Israeli embassy in Australia did not respond to requests for comment.