The Lebanese Muslim Association (LMA) notes the arrest and charging of former Australian soldier Ben Roberts Smith (above) with five counts of the war crime of murder, over alleged unlawful killings of unarmed Afghan civilians between 2009 and 2012.
This was the result of an extensive, joint investigation conducted over five years between the Office of Federal Investigator and the Australian Federal Police..
These actions confirm that Australian authorities are both willing and able to investigate and prosecute their own citizens for serious offences committed in overseas conflicts.
The recent arrest and charging of another Australian citizen, Vincent Tong-Vuong Tran, who appeared in court in relation to alleged breaches of the Defence Act in mid-2025 connected to the war in Ukraine, further demonstrates the Government’s active enforcement of laws governing overseas conflicts.
Taken together, these cases establish a clear and current precedent.
In light of this, the Australian Government must now ensure that the law is applied consistently and without exception.
LMA spokesman Hajj Gamel Kheir says that Australia cannot ignore mounting, well-documented allegations of war crimes in Gaza involving Australians serving in the Israel Defense Forces. These include credible claims of unlawful killings of civilians, collective punishment and disproportionate attacks on civilian infrastructure.
Public reporting varies in its estimates of Australians serving with the IDF. SBS News has cited figures of around 20 Australians in Gaza, while other unofficial reports suggest the number could be significantly higher, potentially in the hundreds. The LMA wishes to make it clear that we do not seek to mislead or overstate these figures. However, regardless of whether the number is two, 20, 200 or 2,000, the principle remains unchanged: all Australian citizens involved in overseas conflicts must be subject to the same legal standards.
“If Australian authorities can charge one citizen with five murders in Afghanistan and pursue another over conduct linked to Ukraine, then they are unquestionably obligated to investigate any Australian/s who served with the IDF in Gaza where there is credible evidence of involvement in war crimes,” Mr Kheir said.
“Australia is bound under the Geneva Conventions to investigate and prosecute grave breaches, and this obligation isn’t optional.”
“Failure to act in the case of Gaza would represent a clear double standard and a serious failure to uphold international law.”
The LMA urges the Federal Government to immediately extend the scope of investigations to include all Australian IDF personnel linked to Gaza, ensuring each case is examined thoroughly and charges are laid where appropriate under Australian law.
