Britons Serving in ’Israeli’ Forces Could Face Prosecution

By Staff, Agencies

British nationals who have joined the "Israeli" occupation forces [IOF] 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.

The report added that if British nationals currently serving in the IOF continue to do so, they are opening themselves up to potential criminal charges.

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 IOF 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.

Despite the Act’s theoretical applicability, several limitations remain: It is outdated and rarely enforced, making convictions uncertain; penalties are left to the court’s discretion, so fines or imprisonment are not guaranteed; and it cannot be applied retrospectively to individuals who served in the IOF before 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 may also face prosecution under modern domestic laws, such as the International Criminal Court Act [ICC] 2001, which addresses genocide, crimes against humanity, and war crimes, and the Geneva Conventions Act 1957, which allows 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, settlers 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.