Australians who went to fight for ISIS were prosecuted, their families vilified, while former IDF soldiers fighting for Israel walk freely among us. Andrew Brown reports on the double standards.
Australians like to believe our justice system is governed by principle, and crimes judged by what was done, not by who did them. We like a comforting story about ourselves. That justice is served, and accountability painful but even-handed. We tell it often. We believe it when it suits us.
That story collapses the moment it is tested.
After the Brereton Report, Australia demonstrated what accountability looks like when it chooses to take law seriously. Entire Australian Defence Force platoons were investigated. Whole units placed under suspicion. Soldiers interrogated repeatedly. Careers frozen. Medals questioned. Command structures dismantled. Hundreds of millions of public dollars spent. One soldier charged. Many others left suspended indefinitely, their lives stalled in legal limbo.
This pursuit of accountability was not timid or symbolic. It did not flinch at rank, reputation, or heroism. Australia went after its returning heroes, including Victoria Cross recipients, and some of the most decorated units in its military history. It did so publicly and without fear or favour.
No medal or mythology placed anyone beyond scrutiny.
Australia wanted the world to see that it would investigate its own forces, not just individuals but units and chains of command, even when it was humiliating and politically costly.
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Soldiers going overseas
When Australians travelled to join ISIS, the response was faster and harsher. Passports cancelled. Homes raided. Surveillance expanded. Citizenship stripping powers deployed. Wives treated as accomplices. Children framed as future threats. Suspicion alone was often enough to trigger punishment. Due process became optional.
If Australians fought for Russia against Ukraine, arrests would follow. Prosecutions under foreign incursion and war crimes laws. Media outrage before the luggage carousel stopped turning. The word traitor would appear instantly.
That is the standard Australia claims to uphold.
Gaza
Now consider Gaza. What is occurring is not chaotic warfare. It is a civilian catastrophe with a measurable pattern. Credible casualty analyses based on hospital records, death registries, and independent verification show that approximately 84% of those killed are civilians and around 33% are children. Not combatants miscounted. Not teenagers caught in crossfire. Children.
By comparison, in Ukraine, children account for around 0.3% of casualties. That is a difference of more than one hundredfold.This is not incidental harm. It is demographic concentration.
The destruction follows the same logic. Entire residential districts have been levelled. Homes, schools, universities, bakeries, water infrastructure, and sewage systems have been systematically destroyed. This is not damage caused by fighting around civilians.
It is the removal of the conditions required for civilian life to continue.
Hospitals have been a central target. Gaza’s major medical complexes were besieged, raided, and rendered inoperable. Electricity was cut. Fuel was denied. Oxygen supplies ran out. Patients died untreated on floors. Premature infants were left in incubators without power. Medical staff were detained directly from wards and operating theatres, taken without charge, many remaining in detention months later.
This is not collateral damage. It is the dismantling of a healthcare system in real time.
Human rights atrocity
Mass detention has accompanied the physical destruction. Thousands of Palestinians have been taken without charge or access to legal counsel. Human rights organisations have documented beatings, starvation, stress positions, and sexual abuse in detention. Medical professionals and journalists were not spared. They were targeted.
Journalists have been killed at a rate unmatched in any modern conflict. Aid workers have been killed despite operating in clearly marked vehicles and facilities. Among them was Australian humanitarian Zomi Frankcom, killed during a coordinated strike on an aid convoy.
And then there is Hind Rajab.
A six-year-old girl was trapped in a car after her family was shot dead. She called emergency services. Her voice was recorded. An ambulance was dispatched to rescue her. The ambulance was destroyed. Hind was later found dead alongside the paramedics sent to save her.
There was no firefight. No exchange of fire. No ambiguity.
Doctors from Australia, the United States, and Canada who worked in Gaza later testified publicly to treating repeated waves of children with gunshot wounds consistent with sniper fire. Identical entry wounds to heads and chests. These were not anecdotes.
They were clinical observations recorded by trained professionals.
The crime scene
This is why the language of genocide is no longer rhetorical. It is legal. The International Court of Justice has found a plausible risk of genocide and ordered provisional measures. The International Criminal Court is pursuing accountability for war crimes and crimes against humanity arising from Israeli actions.
What is unfolding in Gaza is not a tragedy without authorship.
It is a crime scene.
Australia has chosen silence.
That silence is no longer ignorance. At the National Press Club, senior human rights lawyer Chris Sidoti warned that Australians who served in Gaza may face criminal liability if genocide or war crimes are established. He was explicit. Genocide does not require pulling a trigger. Assistance, facilitation, or knowing contribution can be enough.
The government did not contest the law. It did nothing.
No Australian Federal Police task force. No examination of units or command chains. No transparency. No framework for investigating potential complicity in genocide or war crimes under Australian law.
Instead, indulgence.
An estimated 1,000 former or current Israeli Defence Force soldiers now live freely in Australia. They stroll through Caulfield, Bondi, Dover Heights, and Double Bay. They drink lattes in Sydney cafes. They enjoy suburban normality without scrutiny, while Gaza remains a ledger of rubble, amputations, mass graves, and dead children.And the indulgence does not stop at inaction. It now edges toward empowerment.
NSW Premier Chris Minns has publicly canvassed expanding armed community protection roles, including the involvement of current or former Israeli soldiers in guarding Jewish institutions in Australia. The stated aim is protection against antisemitism. That aim is legitimate. The implications are not.
Policing and the authorised use of force are public functions. They exist because weapons in civilian life require training, oversight, accountability, and law. When governments contemplate arming individuals with recent service in a foreign military now under investigation for genocide, the issue becomes immediate and domestic.
Run the test honestly.
ISIS vs IDF
If ISIS returnees sought to bear arms in public under the guise of community protection, the state would answer with handcuffs and prison, not consent. The request itself would be treated as evidence of danger.
That this proposal can be entertained for one category of foreign fighter while unthinkable for another exposes the fiction at the heart of Australia’s claim to equal justice. The law has not changed. Only who it is prepared to protect has.
This is not neutrality. It’s policy.
Australia destroyed careers investigating its own soldiers. It went after its most decorated units without fear or favour. It acted ruthlessly against ISIS recruits. It would move instantly if Australians fought for Russia.
When Australians fight in Gaza under the Israeli flag, amid credible allegations of genocide now before international courts, the state looks away.
That is not restraint, but complicity.
History will remember this as the moment Australia blinded its own law, allowing returning IDF soldiers to pass unexamined and exposing fairness before the law as a deliberate lie.
Lone Soldiers. New Australian IDF recruits due to arrive in Israel in January