Key facts
- Australian federal police are assessing allegations of war crimes committed by an Australian citizen serving in the Israel Defense Forces in Gaza.
- A 61-page brief submitted by the Australian Centre for International Justice details alleged war crimes, including the destruction of a residential building.
- The allegations cite witness testimony, forensic evidence, satellite imagery, and social media posts.
- The submission alleges breaches of the Commonwealth Criminal Code, including destruction of property and an attack against a civilian object, as well as an 'inhumane act' crime against humanity.
- The AFP has confirmed receipt of the brief and referred it to investigators.
Australian federal police are currently assessing a detailed submission concerning alleged war crimes committed in Gaza by an Australian citizen serving with the Israel Defense Forces (IDF).
The Australian Centre for International Justice (ACIJ) has provided the AFP with a 61-page brief containing allegations of war crimes and crimes against humanity. The submission focuses on the actions of an IDF battalion in Gaza during 2023 and 2024, including the deliberate targeting and destruction of residential buildings without military justification, which is considered a war crime under Australian law.
The brief compiles evidence from multiple sources, including witness testimony, forensic data from Gaza, verified satellite imagery, social media posts, reports from battalion soldiers, and video evidence posted online, some allegedly by the Australian perpetrator. The submission names the individual and outlines their service history, alleged actions, and public statements made during operations.
According to the ACIJ's submission, the pattern of conduct suggests a prima facie case of widespread and systematic attacks against civilian property, executed in a coordinated manner. A specific incident detailed involves the takeover of a residential building by the IDF for use as an operations base, followed by its demolition. The brief claims evidence places the alleged Australian perpetrator at or near the building around the time of its destruction.
AFP Commander Matthew Gale acknowledged receipt of the brief, stating it has been referred to investigators for review. Internal government documents indicate the AFP is aware of allegations against Australians serving in the IDF and collaborates with foreign law enforcement agencies on such matters.
The ACIJ brief alleges three breaches of the Commonwealth Criminal Code: the war crime of destruction and appropriation of property, and an attack against a civilian object, each carrying a maximum of 15 years imprisonment. It also alleges a crime against humanity for an 'inhumane act', which carries a potential 25-year sentence.
The submission argues that the appropriation and destruction of the civilian property lacked military necessity and was unlawful and wanton. It highlights the broader context of extensive home demolitions in Gaza, with the UN estimating that 92% of residential buildings have been damaged or destroyed, suggesting a deliberate and reckless destruction pattern.
A UN commission of inquiry has also found that Israeli forces have systematically destroyed civilian objects in Gaza. While it is not illegal for Australians to serve in foreign armed forces, it is illegal to fight for foreign non-state actors like Hamas. The Australian government estimates up to 1,000 citizens may have served in the IDF since October 7, 2023.