Australian federal police investigators 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, handed to the AFP by the Australian Centre for International Justice (ACIJ), alleges the deliberate targeting and destruction of residential buildings without military justification during 2023 and 2024, a war crime under Australian law.
Evidence and Allegations
The submission draws on witness testimony, forensic evidence from Gaza, verified satellite imagery, social media posts, reports from battalion soldiers, video evidence posted online—including by the alleged Australian offender—and public statements from IDF commanders. The Australian national is named in the submission, with details of his service history, whereabouts, and alleged actions during operations.
The ACIJ 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.”
Focus on a Specific Building
The brief focuses on the destruction of a residential building in a Gaza suburb. The building was taken over by the IDF, used as an operations base, then laced with explosives and destroyed. Evidence allegedly places the Australian perpetrator at and near the building at the time of its demolition.
The AFP’s commander of special investigations, Matthew Gale, acknowledged receipt: “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.”
Legal Framework and Penalties
The ACIJ brief alleges three breaches of the Commonwealth Criminal Code: the war crime of destruction and appropriation of property, and an attack against a civilian object, each carrying a maximum 15-year prison term. It also alleges a crime against humanity of an inhumane act, with a potential 25-year sentence. The submission argues the appropriation and destruction had no military imperative, but were “undertaken unlawfully and wantonly.”
The context of widespread demolition in Gaza—the UN estimates 92% of residential buildings damaged or destroyed—is cited as indicative of deliberate, reckless destruction. A UN commission of inquiry found Israeli forces systematically destroyed civilian objects across Gaza, with the IDF “de facto awarding itself blanket permission to target civilian locations.”
Australian Government Response
Internal government documents released under FOI show the AFP was aware of allegations against Australians serving in the IDF. A briefing note 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.”
It is not illegal for Australian citizens to fight for a foreign military, but fighting for a proscribed terrorist organization like Hamas is a criminal offence. The federal government has confirmed at least three Australian citizens were intercepted at the border believed to be travelling to serve with the IDF, though they were not stopped but subjected to detailed questioning.
An AFP spokesperson said: “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 added it does not proactively monitor Australians lawfully serving with a foreign military.
IDF and International Context
Israeli authorities have issued guidelines to IDF soldiers on evading arrest overseas and masking identities while deployed. The IDF’s Military Advocate General’s Corps has established an office to provide legal support to soldiers interrogated or detained abroad.
The ACIJ is an independent legal centre involved in a federal court challenge compelling the Australian defence minister to release documents on arms export permits to Israel. The Guardian has sought comment from the IDF and the Israeli embassy in Canberra.
