What risks do Franco-Israeli perpetrators of abuse have?

” You saw his back. They tortured him. He scolded himself. son of a bitch son of a bitch » From Monday March 18, A video has gone viral On social networks: It is apparently real, according to the RFI Verification Unit, an Israeli army soldier speaking fluent French, without an accent, who films a Palestinian detainee with his phone. Gaza Pulled out half naked and bound from it pickupCommenting on the scene in offensive terms.

Since October 7, soldiers, including many French and/or dual nationals, have been posting photos and videos of their daily lives on social networks. In some of them, we see parties in houses taken from Palestinians in Gaza, horrific scenes where they write messages on shells against the defenders of the Palestinian cause in France, a soldier who sings Marseilles By promising the worst horrors to the Palestinians before entering the Gaza Strip, abuse of detainees, looting of homes, etc. Some French media, viz JDD Or Europe1 Such testimony has also been collected and disseminated.

Israel has 9.5 million inhabitants. Between them, 170,000 soldiers and some 365,000 reservists. By comparison, France and its 68 million inhabitants have 200,000 soldiers and 43,000 reservists. Additionally, military service in Israel is compulsory, three years for men and two years for women (except Ultra-Orthodox).

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Since the start of the war in Gaza, many foreigners and/or dual citizens living abroad have decided to join the ranks of the Israeli army. Although figures are not officially reported by the military, the number of French volunteers and dual nationals among military personnel is estimated at 4,000, or 2%. ” 4,185 soldiers in regular service have French citizenship “, said in 2018 Army spokesman.

France is thus the second most represented foreign national in the Israeli army after the United States. on Army Official Website, You can find out about the conditions to come to fill the ranks of the troop: age, level of Hebrew, IQ, Jewish ancestry (at least one grandparent of the Jewish faith).

Note that only a dozen countries in the world open their military doors to foreign nationals, including France and the United States, but only Israel does so on religious grounds.

What risks do perpetrators of abuse take?

Since the first wars in Gaza, there have been no prosecutions against French nationals enlisted in the Israeli army and who are perpetrators of abuses. To date, there have only been complaints – still under investigation – against French companies, some of which contained weapons or electronic components found in Gaza.

Asked during a press briefing on Tuesday March 19 about possible abuses committed by French nationals, deputy spokesman for French diplomacy Christophe Lemoine declared: “ We will not examine what the Franco-Israeli (soldiers) will do regarding their military obligations in Israel. » For legal proceedings against Palestinians in the event of crimes against them, Quai d’Orsay’s deputy spokesperson referred to the question of establishing evidence or filing complaints. On Wednesday March 20, the government spokeswoman, Prisca Thévenot, went in the same direction, without further details, specifically questioned about the video circulated on social networks since Monday. In the process, LFI deputy Thomas Port announced his intention to take legal action on the matter. Finally, on Thursday March 21, Christophe Lemoine “chose to come”. Clarification on the subject of Franco-Israeli soldiers stationed in the Israeli army, It is adding French courts have jurisdiction over crimes committed by French nationals abroad, including in the context of the current conflict. » A clarification no doubt prompted by the content of the March 18 video.

Participating in combat alongside the Israeli military is not a criminal offense under French law that recognizes dual allegiance, for example, French fighters who joined Daesh in Syria, a group described as terrorist. Note also that, paradoxically, Israeli occupation, for example of the West Bank, is a violation of international law according to the UN and the European Union and therefore a war crime.

” However, there is no doubt about the scale of the crimes today. People sometimes have the impression that war crimes are limited to murder, torture or rape. There are actually many other war crimes. For example, obstructing humanitarian aid or starving a population are also war crimes, Jurisprudence in international law analyzes Johan Sophie. Second, It continues, there is also often a presumption that the culpability of a crime under international law, whether a war crime, a crime against humanity or genocide, falls directly on its author. However, there are many other forms of responsibility, such as complicity, or failure to prevent or punish a crime when one has a command responsibility. Thus, the entire range of crimes and modes of accountability should be examined. Today, given the scale of the crimes committed in Gaza and the West Bank, there is a fairly high probability that French people are involved in the crimes in one way or another. This possibility triggers an obligation for the French courts to examine these facts. In my opinion, the French authorities should check all citizens returning from Gaza. »

“ There will be no peace without justice »

If there are allegations against a particular soldier, then a complaint may be initiated, but in reality, it may be above all a general complaint against X, an investigation initiated by a group or organization, an NGO, particularly crimes against humanity. The unit, placed under the National Anti-Terrorism Prosecutor’s Office (Pnat), investigates all crimes that occur in Gaza today and that fall under Pnat’s jurisdiction, therefore war crimes or crimes against humanity. ” In my opinion, there needs to be a systematic inquiry by the judicial authorities or by the intelligence services of the French soldiers returning from Gaza, to find out what happened, what was the exact nature of their participation in the military operations on the ground. », continues the lawyer.

For images and videos transmitted by French or dual citizens, therefore, may be subject to some investigation. Scenes of torture, of course, but also, for example, the theft of private property in the context of an armed conflict may constitute a war crime of looting, as may the destruction of civilian property.

“ There is no doubt that the Israeli army is committing massive war crimes and crimes against humanity in the Gaza Strip. In this regard, the French authorities have a duty, first of all, to investigate and, if the facts are proven, to punish their nationals guilty of crimes under international law. This obligation arises from France’s membership of several international treaties, notably the Geneva Conventions of 1949 and their Additional Protocols of 1977, as well as the Rome Statute of the International Criminal Court. It is therefore not only a moral and political necessity, but a legal obligation arising from the treaties and conventions to which France is a party. France’s legal responsibility in this regard is indisputable. »

And Johann Sophie concludes: ” I think there will be no peace without justice in the Middle East as elsewhere. France must join the fight against impunity for crimes committed in Palestine and Israel, especially when many French citizens are potentially involved in these crimes. » Regarding the possible legal consequences in France, according to the constitutional principle of separation of powers, justice exercises this competence independently, for its part underlined by the Deputy Spokesman of the Ministry of Foreign Affairs.

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