Australians are serving in foreign militaries – and the government is not keeping track

A former defence force chief says he is alarmed Australians are allowed to serve in foreign militaries – including those regarded as hostile to Australia and others accused of war crimes – with little scrutiny from the federal government.

Department of Home Affairs officials confirmed at Senate estimates hearings last week that they were not keeping track of how many Australians were serving with foreign militaries.

It is legal for Australians to serve with overseas militaries, but there are restrictions on members of the Australian Defence Force and reservists.

Australians with sensitive defence knowledge must seek permission to work for, or provide training to, foreign militaries under laws passed in 2024.

Fighting for overseas militias or other non-state entities is illegal.

Chris Barrie, who served as chief of the defence force from 1998 to 2002, said he found it “very disturbing” Australians were allowed to travel overseas to fight for Russia in Ukraine or Israel in Lebanon and Gaza.

“This is another example of the great Australian complacency,” he said.

Barrie said the government should “at least” be keeping track of Australians serving in foreign militaries.

“I am concerned we don’t have a good picture of who’s doing what,” he said.

Greens senator David Shoebridge pressed Home Affairs officials at Senate estimates hearings last week about why it was legal for Australians to fight for foreign armies and whether the government was keeping records of those who did so.

“We don’t track Australians overseas,” Australian Border Force Commissioner Gavan Reynolds responded.

At least 502 Australian-Israeli dual nationals are enrolled in the Israeli military, according to information obtained by the Israeli non-government organisation Hatzlacha through freedom of information laws.

Asked whether Australians should be allowed to serve in the Russian military given it invaded Ukraine, Environment Minister Murray Watt said: “We would not encourage Australians to do that. We have held a strong position that Russia’s war on Ukraine is illegal, immoral, unjustified – every other negative adjective you can think of.”

Shoebridge said the government was pursuing a “head in the sand” approach on the issue, arguing it was “extraordinary” that there were no limits on Australians fighting for Russia or Israel in particular.

“I think most people presume the government at least asks Australians if they are fighting in foreign militaries,” he said.

“Without oversight of Australians fighting in foreign militaries we are potentially providing a safe haven for war criminals.

“When you come home to Australia, Border Force asks if you have been hiking recently. Surely they can ask if you joined a foreign military.”

Israel has been accused of committing genocide in Gaza in a case before the International Court of Justice, and it has denied the allegation.

The criminal code states that it is illegal to “enter a foreign country with an intention to engage in a hostile activity, unless serving in or with the armed forces of the government of a foreign country”.

“Australians have long enlisted in overseas armed forces, and Australia does not criminalise foreign military service as such,” Edith Cowan University law professor Shannon Bosch wrote in March.

However, she added that “recent cases highlight the complex legal and diplomatic consequences that can arise when Australian nationals fight in foreign conflicts”.

An Australian Army reservist was charged with breaching defence law in April for allegedly serving with the Ukrainian military during the war with Russia without authorisation.

The Australian Federal Police said the Adelaide man worked as a drone operator for the Armed Forces of Ukraine between May 2025 and his return to Australia.

The AFP said that while it was not an offence for Australians to join the armed forces of a foreign country, defence legislation “regulates the work certain individuals can perform for a foreign military, government or company without authorisation”.

“This is the first time the AFP has charged someone with this offence,” it said.

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