Israel says no foreign courts have warrants issued against reservists

Israel said on Tuesday that pressure groups were pushing foreign courts to take action against Israelis over alleged war crimes in Gaza, but described the actions as “propaganda activity.” It said no warrants had been issued.

The International Criminal Court (ICC) issued arrest warrants in November for Israeli Prime Minister Benjamin Netanyahu and then-defence minister Yoav Gallant over alleged war crimes in Gaza, as well as for Mohammed Diab Ibrahim Al-Masri, also known as Mohammed Deif, for his alleged role in planning the Oct. 7, 2023 attack on Israel. 

The warrants sparked outrage in Israel, but also drew fears that Israelis who served in the military in Gaza could be issued similar warrants.

On Sunday, an Israeli reservist on holiday in Brazil left the country after a Brazilian federal judge in Salvador ordered police to open an investigation into allegations that he had committed war crimes while serving with the military in Gaza.

The Hind Rajab Foundation, the pro-Palestinian group which brought the action, says on its website it “focuses on offensive legal action against perpetrators, accomplices and inciters of war crimes and crimes against humanity in Palestine.” It said it filed a complaint based on video footage, geolocation data and photographs it said showed the reservist taking part in the demolition of civilian homes.

The Belgium-based group, named after a six-year-old Palestinian girl killed in Gaza last year, also said it had filed evidence of alleged war crimes with the ICC against 1,000 Israelis, including video and audio reports, forensic reports and other documentation. The ICC confirmed it had received a filing and said it would “analyze the materials submitted, as appropriate.”

Issue not widespread: Israel’s foreign ministry

Israel’s foreign ministry offered assistance to the reservist singled out by the action, but officials said the issue was not widespread.

“This is a phenomenon of very limited scope in numbers,” foreign ministry director general Eden Bar Tal told reporters in Jerusalem, saying there had been no more than 10 to 12 cases since the beginning of Israel’s campaign in Gaza 15 months ago.

“There was no warrant issued in any of these cases. So it was, I would say, a relatively strong PR activity but with very low, very, very low — zero — in judicial results.

“We believe it’s a lot of propaganda activity in general and it’s sponsored by entities, a very low number of entities, that have direct connections to terrorist organizations.”

Hind Rajab Foundation founder, Dyab Abou Jahjah, posted messages on the social media platform X promising to file legal action against Israeli soldiers and asking for help identifying them. 

The group did not immediately respond to a request for comment.

Complaints against IDF soldiers filed abroad

The case in Brazil has attracted wide attention in Israel, underscoring fears that individuals beyond government and military leadership could be drawn into the war crimes issue, particularly through social media posts.

The Israeli military has warned reservists that they could face arrest abroad over alleged war crimes in Gaza, according to documents published by Israeli media. The Haaretz newspaper said complaints against IDF soldiers have been filed in South Africa, Belgium and France, as well as Brazil.

However, Rubens Becak, a law professor at the University of Sao Paulo in Brazil, said it was not always straightforward for third countries to respond to suits of this kind.

“Without specific legislation, it becomes very difficult for institutions such as the [Federal Police of Brazil] to act in cases like this.”