52 No. 74 JUSTICE investigations are ongoing, alongside hundreds of disciplinary probes and roughly 2,000 initial reviews of alleged war crimes.52 The consistent and independent operation of these law enforcement mechanisms is Israel's most essential defense against campaigns like the one waged by HRF. Government Policy: Avoiding Any Appearance of Illegality Soldiers are not responsible for a state's strategic military decisions. Responsibility for the crime of aggression, for instance, lies with those “in a position effectively to exercise control over or to direct the political or military action of a State”53 – namely, the political leadership and high command. If the military conducts a war in accordance with LoAC, soldiers obeying lawful orders should not be concerned with responsibility for international crimes. From the start of the current war, the Israeli government has affirmed its commitment to conducting military operations in accordance with international law.54 However, recent statements from some politicians regarding military operations in Gaza during the current “Gideon’s Chariots” operation have raised concerns about whether their objectives go beyond legitimate military necessity. The key question is whether the evacuation of civilians from certain areas is not temporary and for their protection, but part of a plan to encourage “voluntary emigration” of Gazan residents.55 Warning civilians to evacuate areas of intense fighting is a legal and necessary precaution.56 Similarly, allowing individuals to exercise their freedom to leave any country is required under international human rights law.57 What would raise a “black flag” of manifest illegality is a causal link between the two: forcing people from their homes and even demolishing their homes, not out of military necessity, but to encourage their emigration. Such a practice could amount to “forcible transfer” or “deportation,” a grave breach of the Fourth Geneva Convention,58 and potentially a crime against humanity if conducted as part of a widespread or systematic attack against a civilian population.59 Soldiers involved in executing manifestly unlawful orders would not be shielded from personal responsibility.60 Beyond the many moral and political reasons to avoid such policies, Israel's leadership has a grave duty to its soldiers: it must not expose them to prosecution in foreign states or abuse the trust they place in the legality of their orders. 52. Yonah Jeremy Bob, “IDF risks global arrest warrants as legal probes on Gaza war crimes stall – analysis,” THE JERUSALEM POST (Jan. 5, 2025), available at https:// www.jpost.com/diaspora/article-836193 53. The Rome Statute, supra note 14, at art. 8 bis. 54. “Hamas-Israel Conflict 2023: Key Legal Aspects,” MINISTRY OF FOREIGN AFFAIRS (Nov. 2, 2023), available at https://www.gov.il/BlobFolder/news/hamas-israelconflict2023-key-legal-aspects/en/English_Documents_ Hamas-Israel%20Conflict%202023%20-%20Some%20 Factual%20and%20Legal%20Aspects%20-%20Israel%20 Ministry%20of%20Foreign%20Affairs%20(2%20 NOV%202023).pdf 55. Pnina Sharvit Baruch and Tami Caner, “Operation ‘Gideon's Chariots’ – Crossing Red Lines?” INSS (May 4, 2025), available at https://www.inss.org.il/publication/ gideon-chariots-law/ 56. Protocol additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), art. 57(2) (c), June 8, 1977, 1125 U.N.T.S. 3, available at https:// ihl-databases.icrc.org/en/ihl-treaties/api-1977/article57?activeTab= 57. ICCPR, supra note 34, at art. 12(2). 58. Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War, arts. 49, 146-147, Aug. 12, 1949, 75 U.N.T.S. 287, available at https://ihldatabases.icrc.org/en/ihl-treaties/gciv-1949/article49?activeTab= ; for a detailed analysis of what makes a transfer “forcible,” see Liron Libman, “The hate will stay in Gaza: this is how the ‘voluntary immigration’ could blow up in Israel's face,” WALLA (March 28, 2025), available at https://news.walla.co.il/item/3738246 59. The Rome Statute, supra note 14, at art. 7(1)(d). 60. The Rome Statute, supra note 14, at art. 33. Under Israeli law, a soldier obeying a manifestly unlawful order will not have a legal defense from criminal responsibility, and a soldier disobeying such an order will not be responsible for the military offenses of disobeying orders; see art. 125, Military Justice Law 5715-1955, LSI 9 17, (1954-55) (Isr.) (referring to art. 34(13)(2), Penal Law, 5737-1977, LSI 31a (1977), (Isr.) (as amended)). Taking the Initiative: Countersuits for Defamation and Invasion of Privacy Falsely accusing a person of being a war criminal can constitute libel. While good-faith complaints to relevant authorities are often a valid defense, HRF's modus operandi – publicly disseminating a person's name, photo, location, and other nationalities – may add invasion of
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