The attempt in Brazil to arrest a discharged IDF soldier who fought in Gaza joins a series of concerning incidents where relatively junior IDF soldiers face the threat of lawfare against Israel. While in the past, the threat of arrest was limited and directed at senior officials, it has now expanded to target rank-and-file soldiers. This is certainly worrying news, but through a few simple steps, personal risks can be avoided in most cases. And don't worry – we won't remain on the defensive; we will definitely go on the offensive.
First, let's put things in order. Some countries allow criminal investigations against foreign citizens within their borders on suspicions of committing war crimes and crimes against humanity in other countries. This is called "universal jurisdiction." The risk increases in certain countries where ordinary citizens can initiate criminal investigations in ways that state authorities don't fully or partially control. This was the case in Britain, for example, in the attempted arrest of Maj. Gen. (ret.) Doron Almog in 2005, about two years after his retirement from the IDF, due to an investigation initiated by citizens.
The International Criminal Court in The Hague is now joining this "celebration," having opened an investigation and issued arrest warrants against Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. While the court focuses only on senior officials, this doesn't mean a soldier won't be required to testify before the court in one of the approximately 120 member countries, perhaps to establish charges against senior officials through their testimony.
The heart of the risk lies in social media: soldiers upload documentation of themselves and their comrades during combat. It's right to review accounts before traveling abroad and delete such past posts, but this doesn't solve the problem: hostile groups tracking IDF soldiers collect this information, and removing it from the internet won't eliminate information already collected.
It's important to understand that these groups aren't really interested in war crimes. They pursue IDF soldiers as such. They don't care if there's operational justification for the uploaded documentation. For them, even if it doesn't mature into an indictment, the mere detention or arrest is already a victory because it sends a problematic message to every Israeli enlisting in IDF combat roles.
Besides defense, there's also offense. We at Shurat HaDin aren't resting on our laurels. Thus, after Spanish authorities sought to investigate Israeli officers, we recruited families of victims killed in Kosovo by NATO bombings, of which Spain is a member, to file a complaint in Spain against officials. Lo and behold, the courts found a way to close the investigations against us, and the law in Spain was subsequently changed.
Meanwhile, awareness and taking steps to prevent unnecessary complications in advance are important. Israeli authorities must, of course, provide our warriors with complete and proper defensive coverage. We, for our part, will continue to stand alongside IDF soldiers.
