Brussels 24.03.2024 South Africa threatens to arrest its citizens who engage in service for the Israel Defense Forces (IDF), while raising legal, moral and strategic questions for a military that relies heavily on foreign-born troops to fill its ranks.

Although no other nation has an intention to follow South Africa’s lead and prosecute their citizens, campaigns are underway to push several other governments to apply the same practice.

The growing questions about legal consequences for IDF troops who hold other citizenship became a focus due to South African Foreign Minister Naledi Pandor, whose government has accused Israel of genocide in the International Court of Justice. In a speech at a Summit on Palestinian solidarity, Pandor said she was putting South Africans who fight in the IDF ranks on notice.

“We are ready. When you come home, we are going to arrest you,” Pandor said, addressing the Summit.

Israel started war against Hamas terrorists in Gaza Strip after October 7 attack, causing more than 1,200 people perishing, and taking hundreds more hostage. During five months of war, pursuing the defeat of terrorism, Israeli military operations caused a humanitarian crisis so imminent that the U.S. and aid agencies are rushing in food by airdrop and by sea.

In South Africa’s case, the government has threatened to prosecute citizens or even strip their citizenship for joining the IDF, even if they’re not personally accused of any war crimes, or taking part in anti-terrorist operations. The government is citing local laws it is able to impose on South Africans who join foreign militaries without South Africa’s permission to take part in operations.

It’s unclear exactly how many foreign nationals are participating in the Israel-Hamas war. However dual nationals are forming a large part of society in Israel. Many children of foreign-born Israelis also receive second citizenship through their parents.

Reflecting upon the situation Peter Spiro, who teaches international law at the Temple University Beasley School of Law, said governments would be hard-pressed to apply “collective guilt” to individual citizens for specific, alleged crimes committed by the IDF.

“They couldn’t just say, ‘The IDF is engaging in war crimes, so you are guilty of a war crime,’” said Spiro, an expert on dual citizenship. “They could say, ‘You participated in the following episode that involved war crimes.’”