Ten British nationals who served in the Israeli military during operations in Gaza are facing serious allegations of war crimes, as revealed by prominent human rights lawyer Michael Mansfield KC. On the 12th of October, 2023, Mansfield is expected to submit a comprehensive 240-page report to the Metropolitan Police's war crimes unit. This dossier alleges that the individuals, who include at least some officers, were involved in the deliberate targeting of civilians and humanitarian workers, as well as engaging in indiscriminate attacks in civilian areas, including hospitals and protected sites such as historic and religious monuments.
The report outlines instances of forced relocations of civilians and details of atrocities witnessed by individuals on the ground. One witness from a medical facility described a scene with corpses "scattered on the ground...especially in the middle of the hospital courtyard, where many dead bodies were buried in a mass grave," as reported by The Guardian. Additionally, the witness recounted a bulldozer desecrating a corpse while demolishing part of the hospital, which they described as "horrific and heart-wrenching."
Mansfield, known for his involvement in high-profile cases such as the Grenfell Tower Fire and the Hillsborough disaster, is accompanied by a team of UK-based lawyers and researchers from The Hague in compiling the evidence. Speaking to the media, he emphasised the legal obligation of British nationals: “If one of our nationals is committing an offence, we ought to be doing something about it. Even if we can't stop the government of foreign countries behaving badly, we can at least stop our nationals from behaving badly,” he stated.
The report has been prepared on behalf of the Gaza-based Palestinian Centre for Human Rights (PCHR) and the British-based Public Interest Law Centre (PILC). It insists that the UK has a moral and legal responsibility to investigate and potentially prosecute individuals who engage in what constitute "core international crimes," citing Section 51 of the International Criminal Court Act 2001 as the foundation of this claim. This legislation makes it a violation of UK law to commit genocide, crimes against humanity, or war crimes, regardless of where they occur.
Raji Sourani, director of the PCHR, condemned the actions attributed to British nationals, noting, "This is illegal, this is inhuman and enough is enough. The government cannot say we didn't know; we are providing them with all the evidence." Meanwhile, Paul Heron, legal director at the PILC, asserted the necessity of making it clear that such alleged war crimes are not representative of the British public’s stance, saying, "We're filing our report to make clear these war crimes are not in our name."
Israel has consistently denied allegations of war crimes, stating that its military operations are directed at combatting threats. Internationally, various human rights organisations, including Human Rights Watch and Amnesty International, have also called attention to potential war crimes committed during the conflict, which has reportedly resulted in the deaths of over 50,000 Palestinians. The International Criminal Court (ICC) previously indicated that Israeli Prime Minister Benjamin Netanyahu could bear "criminal responsibility" for war crimes.
Further complicating the situation, questions have arisen surrounding the legality of British citizens serving in foreign militaries. The Foreign Enlistment Act 1870 prohibits UK nationals from enlisting in foreign military forces involved in conflict against another state with which the UK is at peace. However, clarification provided by former Conservative Minister Lord Ahmad noted that British dual nationals are permitted to serve in the armed forces of their additional nationalities, including the Israel Defence Forces, under certain conditions.
As the Metropolitan Police and the Foreign, Commonwealth and Development Office (FCDO) have been approached for commentary, the unfolding situation underscores the complexities of international law and the responsibilities of nations regarding their citizens' conduct in foreign military engagements.
Source: Noah Wire Services