Ten British nationals who served in the Israeli military during operations in Gaza are now facing allegations of war crimes, according to a report prepared by Michael Mansfield KC, a prominent human rights lawyer. Mansfield is expected to submit a comprehensive 240-page dossier to the Metropolitan Police's war crimes unit, detailing accusations of involvement in the targeted killing of civilians and humanitarian workers, along with indiscriminate attacks on civilian infrastructure, including hospitals and protected historical and religious sites.
The accusations pertain to actions that allegedly occurred in Gaza between October 2023 and May 2024, with Mansfield stating, "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 emphasised that British nationals hold a legal obligation not to collude with crimes committed in Palestine.
Among those accused are individuals who have served at officer levels in the Israeli military, though legal constraints prevent their identification. The report asserts that the crimes attributed to these ten suspects qualify as war crimes or crimes against humanity and mentions that some may hold dual nationality.
A witness from a medical facility in the region reported a disturbing scene involving numerous corpses around the hospital courtyard, where some bodies were apparently buried in a mass grave. The same witness described a bulldozer running over a dead body, thereby desecrating the deceased and demolishing parts of the medical facility.
Sean Summerfield, a barrister associated with Doughty Street Chambers and involved in the dossier's compilation, indicated that the public may be shocked by the credible evidence suggesting that British nationals have participated in grave violations. He expressed a desire for these individuals to be held accountable at the Old Bailey for their alleged involvement in atrocities.
This dossier has been compiled in conjunction with the Gaza-based Palestinian Centre for Human Rights (PCHR) and the British-based Public Interest Law Centre (PILC), with the aim of urging the UK government to investigate and prosecute individuals implicated in “core international crimes.” The report cites Section 51 of the International Criminal Court Act 2001, which outlines that it is an offence for anyone to commit genocide, crimes against humanity, or war crimes, irrespective of where these acts occur.
Raji Sourani, director of the PCHR, declared, "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." Paul Heron, the legal director of the PILC, added, "We're filing our report to make clear these war crimes are not in our name."
Israel has denied any wrongdoing, asserting that it has not committed war crimes during its military operations that have resulted in the deaths of over 50,000 Palestinians according to various statistics. Allegations of war crimes have been echoed by several human rights organisations, including Human Rights Watch and Amnesty International.
Months before these developments, the International Criminal Court (ICC) indicated that there were “reasonable grounds” to suggest that Israeli Prime Minister Benjamin Netanyahu could bear “criminal responsibility” for alleged war crimes. Additionally, the deaths of 15 medics and humanitarian workers in Gaza, reportedly as a result of military fire on their ambulances, prompted comments from the UN High Commissioner for Human Rights suggesting the military could be engaged in acts that could be classified as war crimes.
Questions also arise regarding the legality of British citizens enlisting with foreign militaries, particularly in active combat situations. Under Section 4 of the Foreign Enlistment Act 1870, it is illegal for British nationals to join the military of a foreign state engaged in war against another state with which the UK maintains peace. However, Lord Ahmad, formerly a Conservative Minister, clarified that the UK acknowledges the right of British nationals with dual citizenship to serve in recognised foreign armed forces, which includes the Israel Defence Force.
As this case unfolds, the Metropolitan Police and the Foreign, Commonwealth and Development Office (FCDO) have been approached for comment regarding the matter.
Source: Noah Wire Services