South Africans Fighting for Israel in Gaza - What Does the Law Say?

There is a history of South African citizens of Jewish descent fighting for Israel, but the number fighting for Israel in the current war on Gaza is unknown. The Conversation Africa asked Michelle Nel, an expert in international law and military law, for her legal insights.National Conventional Arms Control Committeethat naturalised South Africans could have their citizenship revoked for joining foreign armed forces engaged in wars the country didn't agree with.

The Regulation of Foreign Military Assistance Act is set to be repealed by the Prohibition of Mercenary Activities and Regulations of Certain Activities in Country of Armed Conflict, which is yet to be promulgated. This new act goes as far as prohibiting the rendering of humanitarian assistance in a country of armed conflict, unless the organisation involved is duly registered with the arms control committee.

Ultimately the efficacy of the legislation depends on its consistent enforcement. The history of inconsistent prosecution and accountability in terms of the mercenary activities act raises questions about the prosecuting authority's ability to successfully prosecute the South Africans fighting for Israel.Very few countries have legislation prohibiting their nationals from joining foreign armed forces. The UK prohibits its citizens from joining foreign armed forces.

The Netherlands does not prohibit citizens from joining a foreign armed force as long as the country is not at war with the country concerned. Canadians are prohibited from joining any foreign armed forceThe treatment of these foreign nationals could complicate diplomatic relations. It is therefore in the interest of any country to control its citizens' ability to participate in foreign conflicts.

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