45 Summer 2025 ntroduction An Israeli tourist, a former reservist in the Israel Defense Forces (IDF), was reportedly rushed out of Brazil to evade an arrest warrant issued by a Brazilian court. The Israeli was accused of war crimes for his alleged participation in the “massive demolition of civilian homes in Gaza during a systematic campaign of destruction.”1 In a separate incident in the Netherlands, a criminal complaint alleging “acts of genocide” was filed against Captain Jonathan Ben Hamou of the IDF Engineering Corps. Captain Ben Hamou, who lost a leg while fighting in Gaza, holds dual Dutch-Israeli citizenship.2 Meanwhile, another former IDF combat engineering soldier on vacation in Thailand was targeted by the Hind Rajab Foundation (HRF). The HRF petitioned Thai authorities for his arrest based on war crime allegations it had previously filed against the soldier with the International Criminal Court (ICC).3 These incidents, spanning three continents, exemplify a growing trend of legal challenges targeting individual IDF soldiers who served in Gaza following October 7, 2023. This raises several critical questions: is this phenomenon entirely new, or does it represent a shift in tactics? What are the strategic consequences of this campaign for both the soldiers and the State of Israel? Who is behind these efforts, what are their motives, and what can be done to counter this threat? This article analyzes these developments and explores possible responses. A Brief History of Legal Actions Against Israelis for Alleged War Crimes In 2001, relatives of Palestinian victims of the Sabra and Shatila massacre initiated a criminal investigation in Belgium against then-Prime Minister Ariel Sharon. The 1982 massacre was perpetrated by a Lebanese Christian militia backed by Israel during the war in Beirut. The case was ultimately dismissed in 2003 on jurisdictional grounds,4 but while it was pending, Sharon reportedly avoided visiting Belgium during a trip to Europe.5 A closer call occurred in 2005. Former IDF Southern Command Chief, Major General (res.) Doron Almog, was on a plane heading to the UK when he was warned not to disembark upon landing. A warrant had been issued for his arrest, alleging that he ordered the demolition of Palestinian homes in Gaza in 2002. Almog remained on the aircraft and flew back to Israel.6 British police did not board the El Al plane, reportedly because the airline denied them entry and due to concerns about their jurisdiction and the risk of an armed confrontation with Israeli air marshals on board.7 Prosecution or Persecution? The Global Campaign to Arrest Israeli Soldiers and How Israel Can Repel it Liron A. Libman 1. Keshet Neev, Yonah Jeremy Bob, “Israeli flees Brazil to Argentina to avoid ‘war crimes’ arrest warrant,” THE JERUSALEM POST (Jan. 5, 2025), available at https:// www.jpost.com/international/article-836100 2. Milan Czerny, “The Dual-Nationality Nightmare: Global Threats to Prosecute Israeli Soldiers,” SHOMRIM (April 18, 2024), available at https://www.shomrim.news/eng/ the-dual-nationality-nightmare 3. Itamar Eichner, “HFR files complaint alleging war crimes against IDF soldier in Thailand,” YNET (Jan. 6, 2025), available at https://www.ynetnews.com/article/hyr1amt8je 4. Reuters, “Belgian Court Dismisses War-Crimes Cases,” N.Y. TIMES (Sept. 25, 2003), available at https://www. nytimes.com/2003/09/25/international/europe/belgiancourt-dismisses-warcrimes-cases.html 5. Keith B. Richburg, “Belgian Court Dismisses Sharon War Crimes Case,” THE WASHINGTON POST (June 26, 2002), available at https://www.washingtonpost.com/ archive/politics/2002/06/27/belgian-court-dismissessharon-war-crimes-case/ae705a5b-80da-4283-9845746ca214650a/ 6. Roee Nahmias, “U.K. court cancels warrant against Almog,” YNET (Sept. 16, 2005), available at https:// www.ynetnews.com/articles/0,7340,L-3143122,00.html 7. Jonny Paul, “British police halted Almog arrest,” THE JERUSALEM POST (Feb. 19, 2008), available at https:// www.jpost.com/international/british-police-halted-almogarrest I
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