The escape from Brazil of an IDF soldier facing a court-ordered investigation and the immediate arrest request for another soldier traveling in Chile are just two examples of cases involving IDF personnel since the start of the war. Arrest warrants for Israeli soldiers have also been issued in European countries.
So, what should a soldier do if arrested abroad? Are officers at greater risk? Which countries should soldiers avoid visiting? Here’s what you need to know.
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An IDF soldier on vacation in Brazil received an arrest warrant for alleged war crimes in Gaza
What should a soldier do if arrested abroad?
Attorney Nick Kaufman, a defense lawyer at the International Criminal Court in The Hague, advises:
"According to Israel's Foreign Ministry guidelines, any detained Israeli – whether a civilian or a soldier – is entitled to consular assistance. A soldier arrested abroad must immediately request a visit from the Israeli consul."
Are officers at greater risk than soldiers?
"Absolutely," Kaufman says. "Officers are more closely linked to decision-making and policies, such as target selection and managing military operations."
Does sharing footage online increase legal risk?
"Definitely. Soldiers who post videos online provide hostile organizations with potential evidence to support suspicions against them," according to Kaufman.
Is it dangerous for a soldier who served in Gaza to travel abroad?
"The risk stems from the principle of 'universal jurisdiction,' which allows certain countries to arrest, investigate and prosecute individuals suspected of serious crimes, including war crimes and crimes against humanity."
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Could I be arrested abroad for actions in Gaza?
"Evidence linking an individual soldier to illegal acts would be required. Simply serving in Gaza is not enough."
How can I check if my destination poses a risk before traveling?
"Human rights organizations publish reports online detailing the application of universal jurisdiction in various countries. Consulting an international criminal law expert is strongly recommended."
What precautions should be taken before traveling?
"Soldiers should avoid posting photos or videos from their service, especially content showing destroyed buildings, even if there’s a military justification. Such posts violate operational security and could harm Israel’s image. Some countries might treat seemingly minor content, such as racist songs, as incitement to genocide."
Which countries should soldiers avoid?
"The list of countries applying universal jurisdiction changes over time. Even friendly nations like the UK, France and Spain have applied it in the past. Procedures vary – some countries require a court’s approval for arrests, while others may act based on a simple police complaint."
What should I do if questioned by authorities abroad?
"Carefully consider traveling to countries where officials may raise such questions. Lying at border control is not an option and could lead to denied entry."
Should Israel fund legal defense for soldiers arrested abroad?
"If a soldier is wrongly detained for lawful service, the state should cover their defense costs. However, this becomes problematic when there’s credible suspicion of war crimes. Funding one soldier’s defense could set a precedent requiring similar support for others accused of serious crimes."
Does Israel maintain a 'blacklist' of soldiers at risk of arrest?
"The IDF’s International Law Department provides commanders with legal advice, including on battlefield conduct to prevent future legal issues. To the best of my knowledge, there’s no 'blacklist' of soldiers at risk of arrest."
Attorney Nick KaufmanWhat about international legal battles against Israel?
"Israel’s response involves legal and diplomatic measures managed by a cross-ministerial team led by the National Security Council and Justice Ministry. The IDF also conducts internal investigations when necessary and emphasizes legal training for active-duty and reserve soldiers."
Will traveling become safer after the fighting ends?
"The threat may not diminish and could even intensify as Gaza opens to human rights groups and foreign journalists."
Can insurance cover arrests abroad?
"I’m not aware of any insurance company that provides coverage for arrests abroad related to alleged criminal acts. If such an option were to exist, premiums would likely be prohibitively expensive."