SCOTS law should be used to prosecute soldiers who have fought for the Israel Defense Force (IDF) amid the ongoing “genocide” in Gaza, the SNP Government has been told.
Scottish Green MSP Ross Greer called for the use of the International Criminal Court (Scotland) Act 2001, which allows for the prosecution of “genocide, a crime against humanity, or a war crime” for any UK residents in Scotland, even if the crime was committed abroad.
The 2001 act also allows for the prosecution of UK residents in Scotland who have engaged in “conduct ancillary to an act that constitutes [genocide]”.
The IDF is credibly accused of perpetrating a genocide in Gaza, with experts including Amnesty International and the UN special rapporteur on the Occupied Palestinian Territories, Francesca Albanese, saying the threshold has been crossed.
Scots have been documented to play a role in the IDF.
IDF spokesman Lieutenant Colonel Richard Hecht has a Scottish accent. He spent his first nine years (1974-83) living in Newton Mearns, by Glasgow. He just described Hamas as "Satan's Army" to deflect from the IDF killing three Israeli hostages. pic.twitter.com/4AqqruPDp8
— Gerry Hassan (@GerryHassan) December 16, 2023
When Israel launched its total siege of Gaza after the Hamas attacks of October 2023, the military’s international spokesperson was Lieutenant Colonel Richard Hecht – who was born in Newton Mearns.
Hecht stepped back from the position in April 2024 and now works for Israeli weapons firm Controp Precision Technologies.
Greer said: “Israeli forces have inflicted a genocide on the people of Gaza, the gravest crime mankind is capable of.
“Over 18 months of bombings, executions and deliberate starvation they have murdered tens of thousands of Palestinians, including at least 15,000 children.
“The soldiers of Israel’s occupation forces come from all over the world, including from here in the UK. They must be held individually accountable for their role in the worst war crimes and atrocities of this century.
“No Scot should be able to travel across the world to participate in a genocide and then return home without consequence.
“We know that the UK Government will not act to uphold the law. They have armed, supported and enabled the killing right from the start, but Scots law is clear on our responsibility to act.
“There can be no hiding place for those who have participated in a genocide. Any UK citizen or resident who has taken part in the war should know that they will be prosecuted if they return to Scotland.”
"The Scottish Government must use its powers to show what side of law it stands on,” he said.
“It needs to send the message that Scotland is not a safe refuge for criminals by enacting the laws at its disposal and by prosecuting those committing crimes here or elsewhere. In this case, people in Scotland who have served in Israel's occupation force and army and who may be complicit in the genocide against Palestinians."
The news comes after a group of top legal experts, including England’s most prominent human rights lawyer, Michael Mansfield KC, reported 10 British nationals to the police for alleged war crimes.
A 240-page document handed to the Metropolitan Police’s war crimes division outlined allegations that British citizens who have served in the IDF have committed war crimes, including deliberately targeting civilians and participating in the forcible transfer of populations.
Mansfield, who has represented clients including Princess Diana, Arthur Scargill, and Mohamed Al-Fayed, said at the time: “We ask the war crimes team to take this report seriously, investigate, and if proven, arrest and try the individuals named.
“British nationals are under a legal obligation not to collude with crimes committed in Palestine. No one is above the law.”
The identities of the ten individuals have not yet been made public and it is unknown if any live in Scotland.
The Scottish Government did not respond to a request for comment.
