Civic bodies call for Gaza probe in SA

Dual-citizen South Africans/israeliS could be criminally charged with war crimes.

TWO civil society organisations have asked the National Prosecuting Authority (NPA) to “investigate and, if appropriate, prosecute” more than 70 people suspected of war crimes or crimes against humanity in Israel’s invasion of Gaza in December and January.

The Palestinian Solidarity Alliance (PSA) and the Media Review Network (MRN) earlier this week gave the NPA a file of about 3500 pages, which they said indicated prima facie evidence that “South African citizens and/or residents are implicated in the commissions of these crimes”.

Their advocates, John Dugard SC, who was the United Nations special rapporteur for the Commission on Human Rights, Max du Plessis and Feroze Boda told the NPA that the evidence “is sufficient to justify a full and proper investigation ... of the named foreign and South African perpetrators”.

Former intelligence minister Ronnie Kasrils said for the alliance that Israel’s Operation Cast Lead had “resulted in the deaths of 1400 Palestinians. Of these, (about) 40% were women and children. This is in comparison to 10 Israeli soldiers ... and two Israeli citizens”.

He said there was “mounting and publicly available evidence” that crimes, such as the illegal use of white phosphorous, had been committed during the operation.

White phosphorous ignites when it touches the skin and burns through to the bone.

The Israeli military has denied the illegal use of the substance.

The PSA and the MRN also called for the urgent investigation of South African-born Lt-Col David Benjamin, currently in SA.

Benjamin, part of the Israeli Military Advocates Corps which gives legal advice to the army, reportedly said that the targets and methods of Operation Cast Lead all went through the corps.

The organisations brought their application under a South African law which gives effect to the Rome Statute . It makes the prosecution of war crimes and crimes against humanity a legal obligation. It covers South Africans and anyone who sets foot in SA alleged to have committed war crimes, crimes against humanity or genocide.

The evidence includes a recent report by the Human Science Research Council which found Israel’s policies in occupied Palestinian territory to “fit the definition of apartheid” in international law. Apartheid has been deemed a crime against humanity.

Zev Krengel of the South African Jewish Board of Deputies said the move was an attempt to use “our independent judiciary and criminal justice system for a complex political situation in the Middle East”. He said, “Political issues need to be discussed and solutions found politically.”

The NPA’s spokesman Mthunzi Mhaga said it was still “going through the file and considering it”. The matter of Benjamin was “still under consideration”.

rabkinf@bdfm.co.za

http://www.businessday.co.za/articles/Content.aspx?id=77852