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British Pro-Hamas Group Seeks to Prosecute UK Citizens Who Served in IDF

A British pro-Hamas legal group has launched a shocking private prosecution against UK citizens who volunteered in the IDF, invoking a 19th-century law, sparking fierce debate over legality, international norms, and the Gaza war.

Photo: Shutterstock /Valery Evlakhov
Photo: Shutterstock /Valery Evlakhov

A British legal organization aligned with pro-Hamas advocacy has initiated a private prosecution against UK citizens who volunteered for service in the Israel Defense Forces (IDF) during the ongoing Gaza conflict, citing violations of a 19th-century enlistment law.

The International Centre for Justice for Palestinians (ICJP) filed an application at a London magistrates’ court today, targeting one unnamed individual suspected of serving in the IDF's Lebanese border unit and later in Judea and Samaria.

The group claims to possess evidence against more than ten others but has withheld identities to "avoid prejudicing proceedings." In a statement, ICJP described the targeted individual as a British-Israeli with "no legal obligation to serve in the IDF" who appears to have volunteered.

The filing draws on International Court of Justice advisory opinions designating Israel as an "occupying power" and accuses the IDF of conducting a campaign "not confined to Hamas but against all Palestinians."

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The case hinges on the Foreign Enlistment Act of 1870, a Victorian-era statute designed to prevent Britons from enlisting in foreign militaries at war with nations friendly to the United Kingdom. ICJP argues that IDF service contravenes this law, framing Israel's operations as aggressive rather than defensive.

Israel has dismissed the effort as a deliberate misrepresentation of its campaign against Hamas, which it says has embedded fighters within Gaza's civilian areas for nearly two years.

Legal experts point out that the 1870 act predates Israel's establishment in 1948 and contemporary international norms on terrorism, rendering its application here untenable. Prosecutors would need to prove that "Palestine" constitutes a sovereign state at peace with the UK, a bar that remains unmet, despite Prime Minister Keir Starmer's recognition of a Palestinian state in September 2025.

Under Israeli law, citizens residing abroad face no mandatory enlistment, underscoring the voluntary nature of any UK national's service. The Crown Prosecution Service has not signaled support for the case, and without its backing, the private action is expected to stall at the initial hearing stage.The move by ICJP, which has ties to Palestinian advocacy and has previously pursued legal actions against Israeli officials, highlights escalating tensions over dual nationals' involvement in the Israel-Hamas war.

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