Perth, Aug 26 (The Conversation) Senior Israeli Defence Force (IDF) officials have announced a significant mobilization of around 130,000 reservists for Israel’s forthcoming military operation aimed at taking control of Gaza City. This military undertaking is anticipated to persist into 2026.
The initial group of 40,000 to 50,000 reservists is scheduled to commence their duties on September 2.
Research set to be released in an upcoming book highlights significant legal concerns for nations that allow their dual-Israeli nationals to serve in the IDF, whether through voluntary enlistment programs like Mahal and Garin Tzabar or through mandatory reserve duty.
Compulsory Service and Dual Citizenship Under Israeli law, every citizen or permanent resident must undertake IDF service for 18 to 36 months, influenced by age, marital status, and gender, followed by a decade of reserve duty.
Dual citizens residing abroad are expected to manage their conscription status via Israeli consulates and embassies.
Following the Hamas attacks on October 7, 2023, Israel extended compulsory service to three years, increasing the IDF strength to 169,500 active troops and 465,000 reservists.
Many reservists currently live in Israel, although a considerable number reside overseas.
ICJ and UN Experts’ Standpoints In July 2024, the International Court of Justice (ICJ) issued an advisory opinion concerning the legal ramifications of Israel’s occupation of Palestinian territories.
The court advised UN member states to refrain from aiding Israel in sustaining the occupation.
This followed a preliminary ICJ ruling indicating that Palestinians in Gaza had a plausible claim for protection against genocide in the region.
Responding to the ICJ’s July 2024 opinion, 40 independent UN experts recommended that states take measures to prevent dual Israeli citizens from serving in the IDF to avoid complicity in potential war crimes or crimes against humanity.
Earlier this year, a UN Human Rights Council-established international commission urged member states to investigate and prosecute individuals accused of crimes in Gaza, be it through domestic laws or universal jurisdiction.
These opinions and reports have amplified debates over the legal responsibilities of states allowing dual Israeli nationals to enlist in the IDF.
International Perspectives on Foreign Military Service Nations housing significant Jewish populations have minimally restricted IDF recruitment.
The United States, France, Canada, Germany, and the United Kingdom possess laws against foreign enlistment, yet they permit IDF recruitment through exemptions, treaties, or lenient legal interpretations.
While Australian law prohibits citizen participation in foreign conflicts as mercenaries, it does allow enlistment in foreign forces.
The recruitment of Australians into a foreign military aligning with Australia’s defense or international interests might receive Attorney General approval, although the Criminal Code Act of 1995 bars Australian nationals from entering foreign zones where designated terrorist organisations operate.
South Africa proscribes its citizens from joining foreign military operations without permission, explicitly threatening action against those joining the IDF, although enforcement is sporadic.
Civil Society Activism In Canada, the Royal Canadian Mounted Police confirmed in June an inquiry into potential war crimes in Gaza, believed by many to target dual national IDF reservists.
In May 2024, the Belgium-based Hind Rajab Foundation, a Palestinian advocacy group, submitted a dossier of evidence alleging war crimes perpetrated by some 1,000 IDF soldiers, including dual nationals, to the International Criminal Court (ICC).
A related group filed an ICC complaint against dual Dutch-Israeli soldiers allegedly committing war crimes in Gaza.
In April 2025, UK advocacy groups submitted evidence to the Metropolitan Police war crimes unit regarding alleged crimes against humanity involving ten British nationals in the conflict.
Meanwhile, the Australian Centre for International Justice has been monitoring around 20 dual nationals for IDF service in Australia.
In response, the government urged Australians considering foreign military service to “carefully assess their legal responsibilities and ensure their conduct does not constitute a criminal act.”
Nations’ Responsibilities The survey across ten countries — the US, UK, Canada, France, Germany, Australia, Brazil, Argentina, Russia, and South Africa — reveals participation in treaties like the Geneva Conventions, the Convention Against Torture, and the Genocide Convention. These treaties command member states to not only punish violations but also prevent them.
Israel’s massive reservist mobilization raises the likelihood of dual nationals being involved in operations the UN and ICJ have condemned as illegal.
For dual citizens, this involvement presents significant risks of exposure to extended conflict and possible future prosecution for serious crimes.
For governments, remaining silent or inactive might equate to complicity in genocide. The critical question now is whether these governments will fulfill their obligations by warning their citizens about participating in the Gaza conflict and investigating and prosecuting any necessary cases. (The Conversation)
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