South Africans taking up arms in Gaza conflict could face prosecution back home

Smoke and debris rise over Gaza amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, as seen from southern Israel. Picture: Clodagh Kilcoyne / Reuters

Smoke and debris rise over Gaza amid the ongoing conflict between Israel and the Palestinian Islamist group Hamas, as seen from southern Israel. Picture: Clodagh Kilcoyne / Reuters

Published Dec 18, 2023

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South Africans who have taken up arms in other countries could face legal action back home.

According to the Department of International Relations and Cooperation (Dirco), government has expressed concern at reports of South Africans joining or thinking of joining the Israeli Defence Forces (IDF) in the war in Gaza and the other occupied Palestinian territories.

"Such action can potentially contribute to the violation of international law and the commission of further international crimes, thus making them liable for prosecution in South Africa," the department said in a statement.

The department explained that in terms of the Regulation of the Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), any person wishing to render foreign military assistance in Israel must first apply to the National Conventional Arms Control Committee (NCACC), who will make a recommendation to the Minister of Defence and Military Veterans that such an application be granted or refused.

Furthermore, any person joining the IDF without the necessary permission of the NCACC is breaking the law and can be prosecuted.

Dirco said the South African Citizenship Act, 1995 (Act No. 88 of 1995) provides that any person who obtained South African citizenship by naturalisation in terms of that Act shall cease to be a South African citizen if he or she engages under the flag of another country in a war that the Republic does not support or agree with.

“It is in this context that South African citizens should be made aware of the consequences of joining the IDF or any foreign armed forces involved in conflicts, with a view to preventing inadvertent complicity in international crimes or violations of domestic law,” Dirco said.

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