South African Government Urges Citizens to Avoid Joining Foreign Armed Forces Amidst Concerns of Legal Violations

18 December 2023

In a media statement released today, the South African Government has expressed deep concern over reports indicating that some South African citizens and permanent residents are either joining or contemplating joining the Israeli Defence Forces (IDF) in the ongoing conflict in Gaza and other Occupied Palestinian Territories.

The government emphasizes that such involvement has the potential to contribute to the violation of international law and the commission of further international crimes, putting individuals at risk of prosecution in South Africa.

Citing the Regulation of the Foreign Military Assistance Act, 1998 (Act No. 15 of 1998), the statement underscores that anyone seeking to provide foreign military assistance in Israel must first obtain approval from the National Conventional Arms Control Committee (NCACC). The NCACC will then make a recommendation to the Minister of Defence and Military Veterans for approval or rejection of the application. The government warns that unauthorized participation in the IDF is a breach of the law and can result in prosecution.

Furthermore, the South African Citizenship Act, 1995 (Act No. 88 of 1995) stipulates that individuals who acquired South African citizenship through naturalization will lose their citizenship if they engage in a war not supported or approved by the Republic. This provision applies specifically to those participating under the flag of another country.

The statement aims to raise awareness among South African citizens, highlighting the legal repercussions of joining the IDF or any foreign armed forces involved in conflicts. The government stresses the importance of preventing inadvertent complicity in international crimes and violations of domestic law.

As tensions persist in various global hotspots, the South African Government encourages its nationals to remain mindful of the legal framework and consequences associated with engaging in foreign military activities, urging them to prioritize adherence to both domestic and international laws.