While the government vows to block the return of Australian women and children from Syria, hundreds of Australians who have served with the Israeli Defence Force face little scrutiny on their return – despite serious allegations of war crimes in Gaza.

In a week in which we have seen the Prime Minister vow to block the return of 34 Australian women and children from a Syrian refugee camp, there is another group we have heard much less about – the hundreds of Australians reported to be fighting with the Israeli Defence Force (IDF).

According to figures obtained by Declassified UK, the Israel Defence Force (IDF) says there are 621 individuals from Australia who have been, or are fighting with it. And as Palestinian writer Refaat Ibrahim revealed on this site a month ago official data from Israel disclosed “the presence of nearly 50,000 soldiers of foreign nationalities actively serving in its army,” with the “United States topp[ing] the list with 12,135 soldiers.” Meanwhile the Israeli government is, according to Ibrahim, busy recruiting another 30,000 to top up its resources.

Generally speaking the Australian government is not keen on Australian residents heading to overseas conflicts, except of course when the Australian military is engaged.

The Department of Home Affairs told The Nightly in August 2024 that the “Government encourages all Australians who seek to serve with the armed forces of a foreign country to carefully consider their legal obligations, and ensure their conduct does not constitute a criminal offence.”

But other than that warning it seems little is done to investigate those who for example, have been involved, directly or indirectly, with the IDF in its genocide of Palestinians in Gaza.

There is no point issuing a anodyne ‘warning’ such as the one above. As if anyone returning from fighting with a foreign military is going to declare that they may have participated in war crimes or crimes against humanity.

In a 2024 response to Senate Estimates the Department of Foreign Affairs and Trade said that under the Commonwealth Criminal Code Act 1995, “it is an offence for Australians to engage in hostile activities overseas, unless serving in or with the armed forces of a foreign country, unless serving in or with the armed forces of a foreign country.” Note the underlined get out clause. Why is it there?

It is, however, irrespective of whether the individual is serving with an official foreign military or an insurgency group, an offence under Australian law to commit war crimes or crimes against humanity either directly or by aiding and abetting.

But despite this power there seems to be no active prosecutions in train dealing with Gaza.

To be fair _The Guardian_ reported in 2024 the Australian Border Force (ABF) had spoken with “at least three Australians suspected of planning to travel to Israel to serve in the country’s military.” But that’s on the way out.

And it is not suggested that any Australian who has been involved with the Israeli actions in Gaza has breached the Criminal Code or committed international humanitarian law offences.

But as Paul Heron, a lawyer with the British based Public Interest Law Centre said last year about citizens of that country heading to Israel to support the IDF Gaza campaign; “The British government cannot claim ignorance. It must place serious investigative resources and prosecute those responsible for complicity in war crimes and crimes against humanity.”

“The law applies to everyone and those aiding or abetting Israel’s genocide in Gaza must be held to account”.

Heron’s stance is consistent with the rule of law which Australia, like the UK, purports to uphold.

So what should happen? There should be interrogation and investigation of any Australian citizen who has been recruited by the IDF since the Gaza conflict started.

We should take a leaf out of South Africa’s book. In an interview in March 2024 with The Conversation Africa Michelle Nel, an expert in international law and military law at Stellenbosch University, pointed to South Africa’s constitution which prohibits South African citizens from participating in any foreign armed conflict. It is effectively a criminal offence. And the South African government has warned those involved with the IDF that they can be prosecuted on return.

While, as noted above, Australian law does not criminalise fighting in the armed forces of a foreign country that provides no excuse for the Australian Federal Police, the ABF and security agencies not gathering intelligence from NGOs and other reputable sources in Gaza about individual Australians who are involved in the Israel military apparatus’s destruction of Gaza.

And, even if there is no intelligence or evidence these law enforcement agencies should be assessing returnees rigorously.

You can’t have a situation where those who turn up at Sydney airport fresh from their IDF experience are waved through, while interrogating Australians who are suspected of fighting with Russians in Ukraine.

And the Albanese government should be prepared to state very publicly and unambiguously that if you have been involved with the Israeli state in the Gaza conflict you will be investigated when you come back to these shores.

Given this nation’s shameful refusal to involve itself with South Africa, Belgium, Brazil, Colombia, Ireland, Mexico, Spain and Turkiye in the International Court of Justice case against Israel over its actions in Gaza, this is the least we can do. But it requires standing up to the thuggish Netanyahu government, not something the Albanese government is particularly good at doing.