The government, on Monday, warned that South Africans joining the Israeli Defence Forces (IDF) could face prosecution at home for violating domestic and international law.
The warning comes as the Department of International Relations and Cooperation (DIRCO) expressed grave concern about reports that some South African nationals and permanent residents have joined the IDF to fight in Gaza and other occupied Palestinian territories, or are considering doing so.
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‘Such action can potentially contribute to the violation of international law and the commission of further international crimes, making them liable for prosecution in South Africa,’ the government said in a statement.
‘In terms of the Regulation of the Foreign Military Assistance Act, any person wishing to render foreign military assistance in Israel must first apply to the National Conventional Arms Control Committee (NCACC).’
Failing to gain the necessary permission results in breaking the law and may lead to prosecution.
The department did not specify the number of South Africans thought to have enlisted. African Insider reported that the government has previously said the State Security Agency (SSA) was tracking them down.
Additionally, in terms of the act, any South African citizen who engages under the flag of another country in a war that the Republic does not support or agree with will cease to be a South African citizen.
The ruling African National Congress has long been a vocal supporter of Palestine, having strongly condemned Israel’s actions, recalled its diplomats and often linked the Palestinian cause to the country’s own struggle against Apartheid.
‘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 in conflicts to prevent inadvertent complicity in international crimes or violations of domestic law,’ the department added.
This comes as South Africa has submitted all necessary documents to the International Criminal Court (ICC) to file a formal complaint against Israel for war crimes and crimes against humanity related to the ongoing ‘genocide’ in Gaza, according to President Cyril Ramaphosa.
Ramaphosa along with other nations, including Bolivia, Bangladesh, Djibouti and the Comoros have urged the ICC to investigate Israel with great urgency, given the increasing loss of Palestinian lives in Gaza and the West Bank.
IOL reported that ICC chief prosecutor Karim Khan had acknowledged the case brought by South Africa.
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Picture: Emad El Byed / Unsplash