JUSTICE - No. 74

53 Summer 2025 61. The Anti-defamation League site already mentions the HRF and its founders’ connection to terror and antisemitism; see “Hind Rajab Foundation and Dyab Abou Jahjah,” ADL (Jan. 13, 2025), available at https:// www.adl.org/resources/backgrounder/hind-rajabfoundation-and-dyab-abou-jahjah privacy to the cause of action. This public “doxing” of soldiers seems counterproductive if accountability is the true goal, as it warns the individual and allows them to evade proceedings. This suggests that the goal is harassment, not justice. Putting a high price tag on false and frivolous accusations through civil lawsuits could be an effective deterrent. However, this strategy requires careful deliberation. Libel and privacy laws vary significantly between jurisdictions. An unsuccessful lawsuit could backfire, strengthening the campaign against Israel, especially if a court rules against a soldier-plaintiff on the merits of the accusation. A successful strategy in this domain would best be managed as a dedicated project by a skilled civil society legal organization, capable of navigating the complex risks and opportunities of such a legal counteroffensive.61 Conclusion Attempts to arrest Israelis abroad for alleged war crimes are not new. During the current war in Gaza, however, the targets of these efforts have shifted from senior politicians and military leaders to junior soldiers. This shift exploits a vulnerability created by the combination of pervasive social media and a lack of discipline among some troops. The weakness of the evidence presented in these complaints suggests that this campaign, spearheaded by the Hind Rajab Foundation, an organization with alleged ties to terrorism, is not intended to achieve accountability. Rather, its goal is to deter Israelis from military service, harm domestic morale, and damage Israel's international reputation. Effectively countering this campaign requires a threepronged strategy. First, Israel must preserve the independence, impartiality, and effectiveness of its own justice system, particularly the military's, against populist attempts to weaken it. Second, the government must avoid any policy that could taint the legitimate measures Israel must take in its self-defense. Finally, careful consideration should be given to launching a legal counter-offensive against the campaign's organizers, using causes of action such as libel and invasion of privacy to establish a high price for baseless accusations. n Colonel (Reserve) Dr. Liron A. Libman served as Chief Military Prosecutor (2005-2008) and the Head of the International Law Department in the Israel Defense Forces (IDF) from 2009 to 2011. Currently, he practices as a lawyer and a mediator and teaches international law at Sapir Academic College and the Hebrew University in Jerusalem.

RkJQdWJsaXNoZXIy MjgzNzA=