The Australian Federal Police (AFP) are assessing a 61-page brief detailing alleged war crimes committed by an Australian citizen serving in the Israel Defense Forces (IDF) in Gaza. The brief, submitted by the Australian Centre for International Justice (ACIJ), focuses on the deliberate targeting and destruction of residential buildings without military justification during operations in 2023 and 2024.
Allegations and Evidence
The allegations include the war crime of destruction and appropriation of property, as well as an attack against a civilian object, each carrying a maximum penalty of 15 years in prison under Australian law. The brief also alleges a crime against humanity of an inhumane act, punishable by up to 25 years. Evidence includes witness testimony, forensic evidence, satellite imagery, social media posts, and public statements by IDF commanders.
The ACIJ submission states: “The pattern of conduct of the Israeli military highlighted in this complaint establishes a prima facie case that the attacks against civilian property were widespread and systematic, perpetrated in a coordinated and organised manner.”
Specific Incident Under Scrutiny
The brief centers on the demolition of a residential building in a Gaza suburb, which was taken over by the IDF as an operations base and later destroyed with explosives. The alleged Australian perpetrator is placed at or near the building during its destruction. The submission argues the appropriation and destruction had no military necessity, but were “undertaken unlawfully and wantonly.”
AFP Commander of Special Investigations Matthew Gale acknowledged receipt of the brief, stating: “Noting my command’s responsibility for the investigation of war crimes, crimes against humanity, and genocide I appreciate the time taken in bringing this matter to our attention. Your letter has been referred to investigators, who will review the material and issues raised.”
Broader Context and Government Response
The UN estimates 92% of residential buildings in Gaza have been damaged or destroyed. A UN commission of inquiry found that Israeli forces systematically destroyed civilian objects across Gaza, with the IDF awarding itself blanket permission to target civilian locations. Australia has a legal obligation to act under the Rome Statute, as implemented in the Commonwealth Criminal Code.
Internal government documents from 2025, released under FOI, show the AFP was aware of allegations against Australians serving in the IDF. A briefing note prepared for Senate estimates stated: “The AFP is aware of allegations of the commission of war crimes by Australian citizens. The AFP works closely with foreign law enforcement agencies and international bodies to support investigations.”
Up to 1,000 Australian citizens may have served in the IDF since 7 October 2023. While it is not illegal to fight for a foreign military, fighting for a proscribed terrorist organisation like Hamas is a criminal offence. At least three Australians have been intercepted at the border, believed to be travelling to serve with the IDF, but were not stopped.
Legal and Operational Details
The ACIJ brief alleges three breaches of the Commonwealth Criminal Code: war crime of destruction and appropriation of property, attack against a civilian object, and crime against humanity of an inhumane act. The submission argues the company held collective responsibility for its actions, and the destruction was deliberate, reckless, and potentially for reasons of convenience, reprisal, or punishment.
The AFP declined to answer specific questions, but a spokesperson stated: “It is an offence for Australians to engage in hostile activities overseas, unless serving in or with the armed forces of a foreign country. This discourages Australians from fighting in overseas conflicts and endangering their lives and the lives of others.” The AFP does not proactively monitor Australians serving lawfully with foreign militaries.
Israeli authorities have issued guidelines for IDF soldiers to evade arrest overseas and mask identities. The IDF’s Military Advocate General’s Corps has an office to provide legal support to soldiers detained abroad. Department of Foreign Affairs and Trade officials reiterated the government’s position that Australians serving in foreign militaries should ensure their conduct does not constitute a criminal offence.
The ACIJ is also involved in a federal court challenge to compel the Australian defence minister to release documents on arms export permits to Israel. The Guardian has sought comment from the IDF and Israeli embassy.
