IDF footage posted by soldiers
(Video: Washington Post)
In light of concerns about the "Hague effect" after the International Criminal Court decided to issue arrest warrants for Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant accusing them of war crimes against the Palestinians in the Gaza war, senior officers are at a higher risk of being arrested.
How should discharged soldiers behave abroad? And what should one do if he is arrested while on vacation? Attorney Nick Kaufman, a defense attorney at the International Criminal Court in The Hague, answers the questions that bother hundreds of thousands of Israelis. Ynet has your guide with all the questions and answers.
If I am a soldier who served in Gaza, how dangerous is it for me to fly abroad?
The danger posed to IDF soldiers stems from the application of a principle called "universal jurisdiction," according to which certain countries in the world can arrest, interrogate, and prosecute people suspected of serious offenses, including war crimes, crimes against humanity, and incitement to genocide.
Does the IDF have a "blacklist" of soldiers that can be checked to see if someone appears on it?
The IDF body responsible for handling the threat of "universal jurisdiction" is the International Law Department in the Military Attorney General's Office. This department advises IDF commanders on the legal use of weapons on the battlefield, especially to avoid international lawsuits later. This department, with the Deputy Attorney General for International Affairs, is currently also dealing with the problem of "universal jurisdiction," and there is no "blacklist."
Which countries are best avoided at the moment?
The list of countries that apply "universal jurisdiction" changes from time to time. The principle has been applied in the past even in friendly countries such as the UK, France and Spain. However, the rules for applying the principle also vary from country to country. Sometimes a complaint to the police is enough to lead to an arrest and, in other cases, approval from a senior local official such as the Attorney General or the State Prosecutor is required.
How can I check before traveling whether the destination has prepared for this issue?
There are many reports on the Internet by human rights organizations detailing the application of "universal authority" in various countries.
What is recommended to do before going abroad?
It is recommended not to upload photos from military service to the Internet. This is a serious violation of field security and can sometimes cause damage to the image of the State of Israel. In light of the discussions initiated by South Africa at the International Court of Justice in The Hague, some countries would be happy to treat even the recording of soldiers singing racist songs as incitement to genocide. The IDF is a professional army and when it is necessary to destroy buildings or carry out other actions, it must be done efficiently, quietly and without sharing on the Internet.
If I landed in a certain country and was asked by the authorities about the issue, what should I answer?
It is recommended to carefully consider whether to travel to a country whose officials may ask a question on the subject. In most European countries, it is known that almost every Israeli citizen serves in the IDF. It is forbidden to lie at border checkpoints, as this can be grounds for refusal of entry to that country.
If the fighting ends, will it be easier to fly abroad?
The intensity of the threat will not diminish, and the situation could become even more incendiary as the fighting in the Gaza Strip subsides and the area is opened up to free tours by human rights organizations and foreign journalists.
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Can insurance companies insure in such cases?
I do not know of any insurance company that insures in the event of arrest abroad due to suspicion of criminal acts. If such an initiative were to be established, it is to be assumed that the premium for the requested insurance would be particularly high.
Are officers at higher risk than soldiers?
Absolutely yes, because they are closer to the decision-makers, to IDF policy, selecting targets and conducting the war.
Can I be arrested abroad and prosecuted for actions taken in Gaza?
In any case, evidence is needed that links an ordinary soldier to illegal acts - mere service in Gaza is not enough.