Thank you for contacting me about British Citizens joining the Israeli Defense Forces (IDF). I understand that you would like to see British citizens prevented from joining the IDF.
Section 4 of the Foreign Enlistment Act 1870 makes it an offence for a British subject to enlist in the military of a foreign state at war with another foreign state with which the UK is at peace. That prohibition does not extend, however, to enlistment in a foreign government’s forces which are engaged in a civil war or combating terrorism or internal uprisings. The Occupied Palestinian Territories are not currently recognised as a state by the UK. It is the UK Government’s longstanding position that the Fourth Geneva Convention applies to the Occupied Palestinian Territories, and that Israel is an occupying power under that convention. The 1870 Act therefore does not apply in this instance.
I am aware that British dual nationals have the right to serve in the legitimately recognised armed forces of the country of their other nationality. The IDF is a recognised armed force and British nationals are both able to volunteer into the IDF and are eligible for national service. For Israel, one does not have to be Israeli to serve in the IDF.
Further, if the military personnel of any country violate the laws of armed conflict, the UK Government would expect that State to investigate their conduct and hold them to account. British nationals who have committed crimes abroad may also be prosecuted before our UK courts. An investigation would be required and any prosecution in England and Wales would be a matter for the Crown Prosecution Service, who will determine whether there is sufficient evidence available to mount a prosecution and whether such a prosecution is in the public interest, and will require the consent of the Attorney General.
The UK has been absolutely clear that Israel must abide by international humanitarian law, and take every possible precaution to avoid harming civilians. Looking to the long-term, there must be a two-state solution that provides justice and security for both Israelis and Palestinians.
08/01/2024