Rabia Mayet | rabiamayet@radioislam.co.za

15 October 2024

3-minute read

Aaron Bayhack, a 22year-old South African male from Sandton, has been identified as a sniper in an elite unit in the Israeli Defense Force that killed more than a hundred people in Gaza, including unarmed civilians. A picture of him on a social media group is captioned “he was the first of the entire battalion to eliminate (what he called) a terrorist”.

According to spokesperson for the Minister of International Relations and Cooperation, Crispin Phiri, an individual is allowed to hold dual citizenship and could then act as military personnel of another country. However, in South Africa, the Foreign Military Assistance Act prohibits South African Nationals from acting as mercenaries or soldiers for foreign states. Anyone engaging in “any type of military activity beyond our shores” would have to request permission from the National Arms Convention Committee; a committee that is convened by the presidency, the department of justice and other relevant departments within the justice, crime and prevention security clusters. Requests for military assistance are regulated by this particular act and individuals are meant to comply with the act.

The case of a South African fighting for the IDF is not an isolated one, but rather a regular occurrence. According to Phiri, the National Prosecuting Authority would not have the capacity to monitor a crime occurring in an area out of their jurisdiction and would have to rely on a lot of evidence coming from external parties. In the case of violation of humanitarian law, the International Criminal Court would have jurisdiction over the individuals in question. However, due to the complexity of the issue, it cannot be attended to at the “drop of a hat”. Previously an incident in Equatorial Guinea saw South Africans being arrested for similar military activity, where the Foreign Military Assistance Act was invoked for the first time.

Dealing with this issue going forward, the National Prosecuting Authority really needs to look deeply into such cases to develop a stronger coordination mechanism in order to assess the information in the public domain, and to see where there is provision for the South African government to act, and how this type of act can be expedited. South Africa has been very integral at the International Criminal Court in their condemnation of the Israeli regime. The spokesperson concluded that “these war crimes must be brought before the relevant jurisdiction and people must be held accountable for war crimes”.

Listen to the full interview with Ml Sulaimaan Ravat on Sabahul Muslim.