By: Natasha Archary
The Department of International Relations and Cooperation (Dirco) has issued a strong warning of prosecution to South African citizens who join Israeli forces in the war in Gaza.
In a statement issued on Monday, 18 December, Dirco expressed concern over reports that South African citizens and permanent residents are joining the Israeli Defence Forces (IDF) in the war in Gaza and other Occupied Palestinian Territories.
Dirco says 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 SA.
“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.
Any person joining the IDF without the necessary permission of the NCACC is breaking the law and can be prosecuted.
In addition, 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.”
Dirco says 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.
Almost 20 000 Palestinians have been killed by Israeli forces since 07 October in ongoing bombardments in the Gaza strip. Over 70% of the Gaza death toll are women and children under the age of 18-years.
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