A spokesperson from the Department of Foreign Affairs and Trade confirmed to SBS News that the department “does not track the movements of Australians overseas”.
“The Australian government urges all Australians considering serving with the armed forces of a foreign country to carefully consider their legal obligations and ensure their actions do not constitute a criminal offence,” the spokesperson stated.
Is fighting for another army legal?
Under Australian foreign incursion laws, it’s not illegal to serve with a foreign government army — but recruiting someone to do so is.
Though Australian authorities do not actively monitor Australians serving in foreign armed forces, the Australian Border Force may inform travellers leaving the country about their legal responsibilities under Australian law. Credit: AP
The foreign incursion laws state it’s an offence to enter a foreign country with an intention to engage in a hostile activity, unless serving in, or with, the armed forces of the government of a foreign country.
However, the federal attorney-general can approve the recruitment of individuals to serve with the military of a foreign country if deemed “in the interests of the defence or international relations of Australia”.
A freedom of information request in 2024 disclosed that the Australian Border Force (ABF) had intervened with three of four Australian citizens suspected of leaving for Israel for military service since 7 October 2023.
“Any Australian suspected of committing a criminal offence while in a conflict zone may be investigated by the AFP, and, if appropriate, face prosecution,” a spokesperson told SBS News.
The Australian Centre for International Justice is monitoring at least 20 Australians who have served or are serving in the Israel Defense Forces. Source: EPA / Abir Sultan
The ACIJ pointed to the 2024 ruling from the International Court of Justice (ICJ) that ordered Israel to prevent acts of genocide in its war on Gaza.
IDF spokesperson Rear Admiral Daniel Hagari said last year the IDF is “a professional military committed to international law”.
Government warns Australians at the border
“Where appropriate, the AFP may work with foreign law enforcement agencies and international bodies as part of any potential investigation.”
“The government must act with urgency and clarity to ensure that its international legal responsibilities are met, and that Australians are not complicit in atrocity crimes.”
An Australian war crimes investigation unit
“The conflict in these areas has only intensified, and concerns about people being implicated in war crimes have only heightened.”
