Israel’s reservist call-up raises legal risks for dual nationals

Perth: Israel’s mobilisation of 130,000 reservists for its planned Gaza City offensive has raised fresh legal risks for dual citizens and their home countries, researchers warn.

Around 40,000–50,000 reservists are due to report for duty on September 2. Under Israeli law, all citizens must serve in the Israel Defence Force (IDF), including dual nationals abroad.

The International Court of Justice (ICJ) has ruled Palestinians in Gaza have a plausible right to protection from genocide, and advised UN states not to assist Israel’s occupation. Following this, UN experts urged governments to prevent dual nationals from serving in the IDF to avoid complicity in war crimes.

Many Western countries ban foreign enlistment but grant exemptions for IDF service. South Africa remains one of the few to threaten prosecutions, though enforcement has been rare.

Civil society groups in Canada, the UK, the Netherlands, Belgium and Australia have submitted evidence to domestic authorities and the ICC on alleged war crimes by dual national IDF soldiers.

Researchers say states that fail to act risk breaching their obligations under the Geneva Conventions and Genocide Convention. For dual citizens, participation in Israel’s Gaza campaign could mean future prosecution for grave crimes.