JUSTICE - No. 74

47 Summer 2025 alleged war crimes targeted senior politicians and highlevel military commanders, the current campaign targets junior soldiers and officers. Enablers of the Shift: Technology and Lack of Discipline In the past, identifying individual soldiers participating in military operations was difficult. Even when caught on camera by journalists, soldiers generally did not wear name tags, and linking an image to identifying details was challenging. Today, many people, including soldiers, are active on social media, where they sometimes share personal photos and videos in uniform. In some cases, these images depict military activity in the Gaza Strip or elsewhere. Such posts can unintentionally reveal details about a soldier's unit or location. A soldier’s profile may also contain other personal information that can be exploited. However, changes in technology alone would not have enabled this type of data collection and abuse were it not for a widespread lack of discipline among some troops. Military standing orders forbid soldiers from carrying cellphones during combat operations, and commanders are obligated to ensure their subordinates comply.18 While most soldiers are permitted to be active on social media, they are prohibited from uploading classified information and are often required to prevent any link between their social media profiles and their military service.19 In a Knesset subcommittee session on this issue, an IDF spokesperson's representative stated that these orders had been refreshed and emphasized to every soldier.20 Yet, the reality is that publicly available information from social media has been the primary source for the Hind Rajab Foundation's (HRF) attempts to harass Israeli soldiers abroad.21 Favorable Wind: The Influence of International Courts Since Israel is not a state party to the Rome Statute, it has not delegated jurisdiction over its citizens to the International Criminal Court (ICC). However, the Palestinian Authority (PA) successfully joined the ICC, and the Court’s Pre-Trial Chamber confirmed its jurisdiction over “the situation in Palestine” in 2021. This situation was defined as alleged crimes committed in the West Bank (including East Jerusalem) and the Gaza Strip.22 During the current war, and in the context of this ongoing investigation, the ICC, at the request of the prosecutor, has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.23 Meanwhile, at the International Court of Justice (ICJ), which handles state-to-state disputes, South Africa filed a case against Israel, claiming its actions in Gaza violate the Genocide Convention, to which both states are parties. While these proceedings are in a preliminary phase, the ICJ has issued provisional measures against Israel, most importantly ordering it to facilitate the entry of humanitarian aid into the Gaza Strip.24 Although these proceedings do not have a direct bearing on the criminal responsibility of junior Israeli soldiers, they create an atmosphere implying Israeli culpability for war crimes. This climate may encourage official 18. General Staff Order 21.0113, “Limitation on the use of private phone in the IDF,” THE ISRAEL DEFENSE FORCES (Nov. 2016), available at https://www.idf.il/media/ mlvnt2s1/210113.pdf 19. General Staff Order 08.107 “Use by soldiers of the network space,” THE ISRAEL DEFENSE FORCES (Oct. 22, 2018), available at https://www.idf.il/media/ 0eqlj0ko/08107.pdf 20. Protocol of Session 56 of the Subcommittee on Foreign Policy and Public Diplomacy, THE 25TH KNESSET, 1011, Oct. 3, 2025 (hereinafter: the “Subcommittee Protocol”). 21. For example, see “From a Year of Impunity to a Year of Justice,” HRF (Dec. 31, 2024), available at https://www. hindrajabfoundation.org/perpetrators/from-a-year-ofimpunity-to-a-year-of-justice 22. Situation in the State of Palestine, Case No. ICC-01/18, Decision on the Prosecution Request Pursuant to Article 19(3) for a Ruling on the Court’s Territorial Jurisdiction in Palestine (Feb. 5, 2021), available at https://www. icc-cpi.int/sites/default/files/CourtRecords/ CR2021_01165.PDF 23. “Situation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israel’s challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant,” ICC (Nov. 21, 2024), available at https://www.icc-cpi.int/news/situation-statepalestine-icc-pre-trial-chamber-i-rejects-state-israelschallenges 24. Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel), Order, 2024 I.C.J. 192 (Jan. 26), available at https://www.icj-cij.org/ sites/default/files/case-related/192/192-20240126-ord01-00-en.pdf. This order was later modified on May 24, 2024, available at https://www.icj-cij.org/sites/default/ files/case-related/192/192-20240524-ord-01-00-en.pdf

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