Israel secretly sought legal advice about Britons serving in the IDF Israel sought secret advice on the legal implications of UK nationals serving in its army, it can be revealed. The information comes in leaked Israeli ministry of justice documents which were published by file-sharing website Distributed Denial of Secrets ([DDoS][1]). The documents highlight concerns that UK nationals in the Israel Defence Forces (IDF) might become liable to criminal prosecution in Britain. Israeli officials were alarmed by criticism in the media from a former Conservative government minister and commissioned advice from powerhouse law firms to determine the legal exposure of foreign soldiers serving in its army. The advice focussed specifically on whether UK nationals “can serve in foreign militaries” and whether they would “be at risk when travelling back to the UK”. Additional advice was requested on the legal status of German, French, Belgian, Spanish, and South African nationals in the IDF. The revelation comes after *Declassified* [found][2] that over 50,000 foreign nationals served for Israel amid the Gaza genocide, almost 10 percent of its total manpower. Those figures included more than 2,000 Britons, with the other major cohorts coming from the US, Russia, Ukraine, France, and Germany. So far no members of the IDF have been arrested in the UK over their role in Gaza. Human rights lawyer Daniel Machover told *Declassified*: “If a person is coming from a conflict zone and has been involved in serving an army or a force where there is a suspicion of international criminal law being breached, why aren’t those people questioned on their return about their military service? It’s an act of negligence of this government”. ### RELATED [ ## Over 2,000 Britons served for Israel amid Gaza genocide ][3] [READ MORE **][4] ## ‘Not brave enough’ In 2014, Baroness Sayeeda Warsi [resigned][5] from the cabinet over the UK government’s failure to condemn Israel’s assault on Gaza, known as Operation Protective Edge. In her resignation letter, she said Britain’s support for Israel was “morally indefensible” and “not in [the] national interest”. Three years later, in an interview with *Middle East Eye*, Warsi [called][6] on Britons serving in the Israeli army “to be treated as foreign fighters and prosecuted on their return to the UK”. The UK government had created a major loophole, Warsi argued, by allowing its citizens to fight for state actors but not non-state actors. “If you go out there and fight for any [non-state] group, you will be subject to prosecution when you get back. If you go out and fight for [former Syrian president] Assad, I presume, under our law, that is okay. That can’t be right”, Warsi said. “The only reason we allow the loophole to exist is because of the IDF, because we are not brave enough to say if you hold British citizenship, you make a choice. You fight for our state”, she added. Warsi’s interview raised alarm bells within the Israeli ministry of justice, the leaked files show. One day after it was published, Marlene Mazel, a senior official in the justice ministry, asked lawyers to look into the issue and provide advice. “It is a matter of concern to us and we would appreciate it if you could prepare 5-6 talking points and why the passage of such a regulation/provision would be problematic”, Mazel wrote. She further instructed counsel to “address any pivotal people in this regard, dates and time frames in which this matter will be handled”. The lawyers responded by referencing the Foreign Enlistment Act (1870), which makes it an offence for Britons to “fight for a state at war with another state with which the UK is at peace”, and universal jurisdiction as important pieces of legislation. They described “the biggest concern for the UK [as] people attending training camps or fighting in war zones and returning to the UK as terrorists”, but said it was “unlikely that an attempt would be successful that sought to characterise membership of… the IDF as terrorism”. ## Providing safeguards Two years later, in 2019, the Israeli ministry of justice was once again shopping around for legal advice about the status of British nationals in the IDF. The department produced a questionnaire to be sent to “lawyers in England” about “laws or regulations” addressing “whether UK citizens can serve in foreign militaries”. The overall objective of the questionnaire was to provide “adequate safeguards for… current and former officials and IDF service members traveling abroad”. To this end, the justice ministry wanted clarity on whether a “UK citizen who served or is currently serving in the IDF [would] be at risk when travelling back to the UK”. This was particularly important given “some IDF soldiers are dual UK citizens, though a small number are foreign citizens who voluntarily serve in Israel”. The Israeli government therefore sought clarity on whether “enlistment in a foreign military [was] strictly forbidden under UK law, or is there a requirement and mechanism under which a UK citizen must notify and/or seek authorization to enlist in the foreign army”. Another question focussed on the “civil or criminal sanctions [which a UK citizen could] face for non-compliance with these laws or regulations”. Similar questionnaires were produced for other jurisdictions including South Africa, Belgium, France, Spain, Switzerland, and Germany. Other emails show that legal advice was subsequently provided to the Israeli ministry of justice, but its full contents do not appear to be among the leaked documents seen by *Declassified*.. ### RELATED [ ## Israel lobbied Britain to change law on war crimes arrests ][7] [READ MORE **][8] ## Sar-El A further concern for the Israeli ministry of justice was the legal status of foreign nationals who were volunteering for the IDF in non-military roles. Officials wanted to know whether the legal position would change if a foreign national was “providing logistical support [to the IDF] such as organizing uniforms and supplies… and other non-combat related activities”. These concerns likely focussed on the activities Sar-El, the national project for volunteers for Israel, which operates under the direction of the Israeli Logistics Corps and effectively functions as an IDF unit. Foreign [volunteers][9] with Sar-El are “completely integrated into military life”, according to the IDF, wearing the Israeli army uniform and working under the direction of soldiers. Around 700 people from the UK and Ireland have travelled to Israel with Sar-El since 7 October, helping to fill labour shortages caused by reserve duty and foreign workers leaving the country. ## Universal Jurisdiction While seeking advice on the legal status of Britons in the IDF, the Israeli government also waged a campaign to protect its own officials from criminal proceedings in Britain. Universal jurisdiction allows for the most serious crimes such as genocide and torture to be prosecuted in another country. After several arrest applications were issued for Israeli officials visiting Britain during the 2000s, the Israeli government [lobbied][10] the UK government to modify its approach to universal jurisdiction legislation. One Israeli memo addressed to Britain’s ministry of justice, for instance, outlined concerns about the “misuse of existing criminal procedures in the UK in universal jurisdiction cases, as it affects Israeli nationals”. The memo urged that “serious consideration be given to addressing these concerns, in the immediate term, through specific legislative amendments”. Israel’s proposed amendments included requiring “the consent of the Attorney-General or the DPP [Director of Public Prosecutions] before an arrest warrant or summons is issued”. The UK government was also pressed to outline what considerations would be taken into account by the Attorney General or the DPP before such consent would be offered. Israel’s recommendations were apparently well received. In September 2011, David Cameron’s coalition government [passed][11] new legislation requiring the consent of the DPP before universal jurisdiction arrest warrants could be issued – precisely what Israel had requested. Britain’s then foreign secretary William Hague indicated how the changes were being implemented with Israeli officials in mind. “We cannot have a position where Israeli politicians feel they cannot visit this country”, he declared. The post [Israel secretly sought legal advice about Britons serving in the IDF][12] appeared first on [Declassified UK][13]. [1]: https://ddosecrets.org/ [2]: https://www.declassifieduk.org/over-2000-britons-served-for-israel-amid-gaza-genocide/ [3]: https://www.declassifieduk.org/?post_type=post&p=62095 [4]: https://www.declassifieduk.org/?post_type=post&p=62095 [5]: https://www.bbc.co.uk/news/uk-politics-28656874 [6]: https://www.middleeasteye.net/news/prosecute-british-who-fight-israeli-army-says-baroness-warsi [7]: https://www.declassifieduk.org/?post_type=post&p=56940 [8]: https://www.declassifieduk.org/?post_type=post&p=56940 [9]: http://www.inminds.co.uk/img/2007-05-20.idf.sar-el2.png [10]: https://www.declassifieduk.org/israel-lobbied-britain-to-change-law-on-war-crimes-arrests/ [11]: https://www.gov.uk/government/news/universal-jurisdiction [12]: https://www.declassifieduk.org/israel-secretly-sought-legal-advice-about-britons-serving-in-the-idf/ [13]: https://www.declassifieduk.org https://www.declassifieduk.org/israel-secretly-sought-legal-advice-about-britons-serving-in-the-idf/