London, 17 April 2026 – The International Centre of Justice for Palestinians (ICJP) confirms that its application to issue a summons for a private prosecution at Westminster Magistrates’ Court has been refused.
ICJP sought to prosecute a dual British-Israeli national for an alleged offence under section 4 of the Foreign Enlistment Act 1870 (FEA). The application was based on ICJP’s argument that the individual had served in the Israel Defence Forces (IDF) during a period in which Israel was engaged in hostilities with Palestine, Syria, and Lebanon, and that the statutory conditions of the FEA were therefore met.
In a detailed ruling dated 8 April 2026, the Court declined to issue a summons, finding that the application was legally misconceived and that it would constitute an abuse of process. The Court also expressed concerns regarding the evidential basis of the application and aspects of the material presented to it.
ICJP acknowledges the Court’s decision. The ruling reflects a restrictive interpretation of the scope and operation of the Foreign Enlistment Act in the context of modern conflicts, including findings that the Act does not apply to dual nationals serving in the armed forces of their other state of nationality, and that questions relating to the existence of a “state of war” and the status of foreign states are matters reserved to the Executive rather than the courts.
ICJP advanced this case to test the application of a longstanding statute in a contemporary context and to clarify whether existing UK law provides a mechanism for accountability in circumstances involving participation in foreign armed forces. The organisation maintains that there is a strong public interest in ensuring that such questions are capable of proper legal scrutiny. In light of the Court’s reasoning, a fundamental question remains as to whether any effective accountability mechanisms exist in practice for individuals serving in foreign armed forces.
The ability of private parties to bring prosecutions remains an important safeguard within the legal system, particularly where there is a concern that potential offences may not otherwise be examined. ICJP maintains that its application was brought in good faith and for a proper purpose.
ICJP is carefully considering the judgment and will determine what further steps, if any, may be taken.
An ICJP spokesperson stated:
“This case was brought to test whether existing UK law can be used to ensure accountability where individuals participate in foreign military activity in circumstances that raise serious legal and ethical concerns.
While the Court has taken a narrow view of the legislation and the role of the courts in this area, the underlying issue remains unresolved: whether there is, in practice, any meaningful legal mechanism to scrutinise such conduct.
ICJP will continue to pursue accountability through lawful and appropriate means.”
ENDS
Notes to Editors:
- The International Centre of Justice for Palestinians is an independent organisation of lawyers, politicians and academics who support the rights of Palestinians and aim to protect their rights through the law.
- For more information, to arrange an interview with a spokesperson, please contact the ICJP news desk at [email protected].
Image: GrimsbyT via Wikimedia Comms
