AFP assessing allegation of Gaza war crimes committed by Australian citizen serving in IDF | Israel-Gaza war
Australian federal police investigators are considering a brief report detailing alleged war crimes committed by an Australian citizen serving with the Israel Defense Forces in Gaza.
A 61-page briefing was provided to AFP by the Australian Center for International Justice, detailing alleged war crimes committed by an Israeli battalion in Gaza between 2023 and 2024.
The allegations include the deliberate targeting and destruction of residential buildings without military justification, a war crime under Australian law.
The summary is based on witness statements, forensic evidence from Gaza, verified satellite images and social media posts. It also includes information from battalion soldiers’ reports, online video evidence from Gaza (including from the alleged Australian criminal), and press statements from IDF commanders.
An Australian citizen is named in the application; It includes details of his service history in the IDF, his whereabouts and alleged actions during the 2023 and 2024 operations, and his public statements during the actions in Gaza.
ACIJ’s presentation includes the following statements: “The pattern of behavior of the Israeli army highlighted in this complaint provides prima facie evidence that attacks on civilian property are widespread, systematic, and carried out in a coordinated and organized manner.”
The film focuses on the destruction of a residential building in a suburb of Gaza. The building was captured by the IDF and used as a base of operations before being rigged with explosives and destroyed.
The summary details the collapse of the building towards the end of the battalion’s deployment, as well as evidence that the alleged Australian perpetrator was in and near the building at the time it was demolished.
AFP’s special operations commander During the investigations, Matthew Gale said his office received ACIJ’s briefing.
“Given my command’s responsibility for investigating war crimes, crimes against humanity, and genocide, I appreciate the time taken to bring this matter to our attention,” Gale wrote.
“Your letter has been forwarded to researchers who will review the material and the issues raised.”
In internal government documents distributed between AFP and the attorney general’s office in 2025 and released under freedom of information laws this year, federal police said they were aware of allegations against Australians serving in the IDF.
“AFP is aware of allegations that Australian citizens have committed war crimes.” briefing note He says the Senate estimates were prepared earlier.
“The AFP works closely with foreign law enforcement and international organizations to support investigations into allegations of Commonwealth crimes occurring in foreign jurisdictions.”
The ACIJ briefing provided to AFP alleges three breaches of Commonwealth criminal law: That the Australian citizen serving in the IDF “engaged in conduct constituting war crimes, such as the seizure and destruction of property”. [and] “Attack on a civilian object” is a crime punishable by a maximum of 15 years in prison.
The summary also claims that an “inhuman act” “intentionally committed as part of a widespread or systematic attack against the civilian population” is a crime against humanity. This crime carries a potential sentence of 25 years in prison.
“It is alleged that the alleged perpetrator…both seized and destroyed relevant civilian property,” the presentation said, arguing that the company took collective responsibility for its actions.
The claim argues that the seizure and eventual destruction of the building was not a military necessity or operational necessity, but was instead “carried out in an illegal and immoral manner.”
The widespread destruction of homes in Gaza (the UN estimates that 92 percent of residential buildings in the Strip were damaged or destroyed) is indicative of deliberate, reckless destruction, the report says.
“The evidence suggests that large-scale destruction of civilian property was carried out intentionally, potentially out of convenience, retaliation, or punishment, after effective control had been established.”
The UN commission of inquiry found the following: “Israeli forces systematically destroyed civilian objects The Israeli Armed Forces “effectively gave him general permission all over Gaza” target civilian areas on a large scale in the Gaza Strip”.
became the federal government Estimates up to 1,000 shown Australian citizens may have served in the IDF since the 7 October 2023 attacks by Hamas.
It is not illegal for an Australian citizen to fight on behalf of a foreign military. However, it is illegal to fight on behalf of a foreign non-state actor. Hamas is banned as a terrorist organization by the Australian government: fighting for Hamas is a crime under Australian law.
The federal government has confirmed the capture at the border of at least three Australian citizens believed to have traveled abroad to serve in the IDF. It is understood these citizens were not prevented from leaving Australia but were subject to further questioning about their travel plans during immigration screening.
Australian federal police have refused to answer specific questions about the investigation, including whether they have spoken to the Australian citizen who allegedly committed the crimes.
A spokesman told the Guardian: “Unless they are serving in the armed forces of a foreign country, it is an offense for Australians to engage in hostile activity abroad. This deters Australians from fighting in conflicts overseas and endangering their own and others’ lives.”
The spokesman said the AFP recommended that their conduct did not constitute a criminal offence, but “the AFP does not proactively monitor Australian citizens lawfully serving in a foreign military service”.
Israeli authorities have issued guidelines on how to treat IDF soldiers. evading arrest abroad And mask their identity during deployment.
The IDF’s Military Prosecutor’s Corps also established an office. providing legal support to soldiers Those questioned or detained abroad.
In the latest round of Senate estimates, Department of Foreign Affairs and Trade officials were grilled about Australians serving in the Israeli military.
Deputy Undersecretary Dr. “The government’s position with respect to Australian citizens in the Israeli defense force is that the government encourages all Australians wishing to serve in the armed forces of a foreign country to carefully consider their legal obligations and ensure that their conduct does not constitute a criminal offence,” Fiona Webster predicts.
ACIJ is an independent legal center working to improve Australia’s capacity to investigate and prosecute international crimes. The company is embroiled in a major federal court case supporting Palestinian groups trying to force Australia’s defense minister to release documents on arms export permits to Israel.
The Guardian referred questions to the Israeli Armed Forces and the Israeli embassy in Canberra.
