WHAT WAS CLAIMED
Australia has issued a decision to investigate and prosecute Australian-Israeli dual nationals who served in the Israeli military in Gaza.
OUR VERDICT
False. The government has not issued such a decision.
AAP FACTCHECK - A video clip of an Australian human rights lawyer is being wrongly cited as evidence that Australia has said it will investigate and prosecute any dual nationals who served in the Israeli military in Gaza.
The claim stems from a video of Chris Sidoti, a UN Human Rights Council (UNHRC) commissioner, but he does not represent the Australian government and was not speaking on its behalf.
There are no credible reports that the Australian government has said it will investigate and prosecute all dual nationals who served with the Israel Defense Forces (IDF) in Gaza.
The claim was in a September 29 X post that said: "BREAKING: Australia has issued a decision stating that 'any Australian citizen holding dual nationality who served in the Israeli military during the genocide in Gaza since October 7, 2023, must be investigated as a war criminal and prosecuted'."
The same claim has also appeared on Facebook.
The X post includes a clip of Mr Sidoti saying a UN commission of inquiry he served on found the state of Israel committed war crimes and crimes against humanity in Gaza since June 2024.
Those involved in the war in Gaza should be investigated, he said.
"We have said that any soldier, airman, aircrew, surveillance personnel, radar personnel, naval crew, who have had any involvement in the war in Gaza is a suspect who should be investigated, and if the evidence warrants it, prosecuted, and if a court is satisfied, convicted," Mr Sidoti said.
"The necessary consequence of that is that anyone, whether an Australian citizen or not, who seeks to enter this country, having served in any arm of the Israeli military in Gaza since the 7th of October 2023, should be treated as a suspect and investigated, and if necessary, prosecuted."
The clip is taken from a speech Mr Sidoti gave at the National Press Club in Canberra on October 1, 2025, which has been posted in full on YouTube (timestamp 30 minutes 57 seconds).
However, Mr Sidoti is not a member of the Australian government and his comments do not form government policy.
Mr Sidoti's National Press Club biography describes him as a "human rights lawyer, advocate and investigator".
He has been a commissioner on the UNHRC's Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, since 2021, according to the UNHCR.
He also served as Australia's Human Rights Commissioner from 1995 to 2000.
However, there is no record that the government announced it intends to investigate and prosecute all Australians who took part in the IDF campaign in Gaza.
The Australian Federal Police (AFP) also said it does not routinely investigate Australians who legally serve in another country's military.
"The AFP does not proactively monitor Australian citizens who lawfully serve with a foreign military service," an AFP spokesperson told AAP FactCheck.
Under the Criminal Code Act 1995, it is an offence for Australians to engage in hostile activities overseas, but there's an exemption for those serving in or with the armed forces of a foreign country, the spokesperson said.
"The AFP advises all Australians who seek to engage in hostilities overseas to carefully consider their legal obligations and ensure their conduct does not constitute a criminal offence."
Alleged war crimes committed by dual nationals serving the IDF in Gaza are being assessed, however.
In 2024, then attorney-general Mark Dreyfus wrote a letter to the government stating "any allegations of Commonwealth crimes should be reported to the Australian Federal Police".
This was in response to a 2024 parliamentary petition calling for the AFP to investigate Australian nationals involved in the IDF's operation in Gaza.
The AFP is considering a brief of evidence from the Australian Centre for International Justice alleging an Australian citizen committed war crimes while serving in the IDF in Gaza, ABC News reported in July 2026.
However, there was no suggestion that the government or the AFP was investigating all Australians who participated in the IDF campaign in Gaza.
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