UK citizens serving in Israeli military could face legal action

By Al Mayadeen English
Source: Novara Media
Today 12:09
2 Shares

British nationals and dual citizens who have joined the IOF since the UK recognized Palestine on September 21, 2025, could face criminal charges under UK law.

Listen

Israeli occupation forces stand near their tanks along the Israeli-Gaza border, as seen from southern occupied Palestine, Friday, October 10, 2025. (AP)

British nationals who have joined the Israeli occupation forces in Gaza and the occupied West Bank since the United Kingdom recognized the state of Palestine on September 21, 2025, may now face prosecution under UK law.

“British nationals and dual nationals who have travelled to Gaza to fight on behalf of Israel since the UK’s recognition of the state of Palestine on 21 September are breaking the law,” a report published by Novara Media states.

“If British nationals currently serving in the IDF continue to do so, they are opening themselves up to potential criminal charges,” the report adds.

Foreign Enlistment Act

The Foreign Enlistment Act of 1870, a 155-year-old statute, criminalizes British subjects who enlist in the military of a foreign state at war with another state at peace with Britain. While the law technically allows for fines and imprisonment, prosecutions under the Act are historically rare and largely symbolic.

However, authorities may now enforce the act against British dual-citizens who serve in the occupation's military when taking action against the Palestinian State.

Paul Heron, solicitor at the Public Interest Law Centre, told Novara that “the legal landscape has shifted” and advised British nationals currently serving in the IOF to return to the UK to avoid potential criminal charges.

“Now that Palestine has been recognised as a state, it is arguable for the first time that British nationals serving with the Israeli military in Gaza or the West Bank could fall foul of the Foreign Enlistment Act,” Heron said.

Legal, practical considerations

Despite the theoretical applicability of the Act, some limitations must be emphasized

The law is rarely enforced and outdated, making convictions uncertain.
Penalties are at a court’s discretion, meaning fines or imprisonment are not guaranteed.
The Act cannot be applied retrospectively to those who served in the IOF prior to September 2025.

Heron noted, however, that while the Foreign Enlistment Act is not a panacea, it is now one part of a broader legal framework that could allow UK authorities to pursue accountability.

Beyond the 1870 Act, British nationals could face prosecution under modern domestic legislation, including:

The International Criminal Court (ICC) Act 2001, covering genocide, crimes against humanity, and war crimes.
The Geneva Conventions Act 1957, allowing prosecutions for grave breaches of international humanitarian law.

In April 2025, a 240-page dossier was submitted to the Metropolitan Police, alleging that 10 British nationals serving in the IOF had committed war crimes in Gaza. The dossier, compiled by the Palestinian Centre for Human Rights and the Public Interest Law Centre, cites the ICC Act and the Geneva Conventions Act as the basis for potential prosecution.

It is worth noting that under Israeli law, citizens and permanent residents must serve in the IOF for 18 months to three years, followed by up to 10 years in reserves. Dual citizens may face conscription unless they adjust their status via consulates or embassies.