LONDON — Senior District Judge Paul Goldspring ruled on April 8, 2026, that the International Centre of Justice for Palestinians' (ICJP) attempt to prosecute Soldier A was legally invalid. The Westminster Magistrates' Court judge determined that the UK's Foreign Enlistment Act of 1870 does not apply to dual nationals.

The ICJP formally applied for a court summons to prosecute Soldier A on October 20, 2025. The organization sought to prosecute Soldier A for allegedly breaching UK law by voluntarily serving in the Israeli military. Judge Goldspring ruled that the ICJP's application was "fundamentally misconceived in law."

"For a dual national, service in the armed forces of his other state of nationality is not 'foreign enlistment' in any meaningful sense," Judge Goldspring stated. He also ruled that the ICJP's dominant motive was the advancement of a political and ideological agenda. "The courts must not be used as a vehicle for political debate or to 'expose' individuals for alleged wrongdoing which falls outside the scope of criminal law in order to cause embarrassment to individuals or highlight a particular cause in a public forum, such as a courtroom," Goldspring added. "I fear that is close to being the case here."

On June 19, 2026, Judge Goldspring ruled that the ICJP must pay legal costs to Soldier A. The exact amount of these legal costs has not yet been decided. Soldier A is a dual British-Israeli citizen who was born and raised in London, moved to Israel in 2014, and enlisted in the Israeli army in 2017. Soldier A was in London on October 7, 2025, and flew to Israel on October 8, 2025, to join his reserve unit.

Dan Berke, a barrister who represented Soldier A, described the ICJP's attempt as "misconceived in law, misconceived in fact, politically motivated, and vexatious." Berke stated, "Private prosecutors have a duty to conduct themselves to the highest standard. The ICJP did not." Berke added, "They failed to disclose vital information to the court." Berke noted, "Under the UK's FEA, it was not necessary to show that a soldier had been involved in any alleged war crimes; simply joining a foreign army at war with a country with which Britain is at peace would have sufficed." He said, "The prosecution was therefore able to target any British national, in any role. It could have been a cook or a medic." Berke stated, "As a matter of fact, Israel was not at war with Lebanon or the alleged state of Palestine; rather, as the judge ruled, Israel was in an armed conflict with Hamas and Hezbollah, terrorist groups which Britain proscribes."

ICJP legal chief Mutahir Ahmed stated the organization hoped the case would set a legal precedent for accountability under Britain's Foreign Enlistment Act (FEA) of 1870. Ahmed said, "In line with ICJP's Global 195 campaign, this is a significant step in holding suspected war criminals accountable within domestic jurisdictions for offenses that they have committed outside of their home countries." Ahmed also stated, "War criminals must be held accountable for their role in the genocide, from the most senior generals to the most junior foot soldier."