Deference to War Crime Suspects Undermines International Law

A PRESS STATEMENT

 

The only conclusion you can draw is that the Israeli army is one of the most criminal armies in the world. (UN expert Chris Sidoti)

 

“Our commission has indicated that in our view anyone who has served in the Israeli military that is on the ground, in the air or at sea in relation to the operations in Gaza must be considered a suspect in the commission of war crimes, crimes against humanity and the crime of genocide that arises from the totality of the Israeli military operation in Gaza since the 7th of October 2023.”

 

These are words of Chris Sidoti, an Australian human rights lawyer serving on the independent International Commission of Inquiry on the Occupied Palestinian Territory. He spoke to Declassified UK recently. Sidoti’s comments come ten days after President Cyril Ramaphosa met the family of Daniel Perez.

 

Reports show that Perez was born and raised in Johannesburg before moving to Israel and later serving as a captain and tank commander in the Israel Defence Force. A release from the Presidency mentions that “he was taken hostage and killed on 7 October 2023.”

 

In a report (paragraph 93(e)) tabled at the Sixty-Second Session (held in Geneva between 15 June–10 July 2026) of the United Nations Human Rights Council, the body that mandated the Commission’s inquiry, recommends to member nations to:

 

“Conduct investigations under domestic or universal jurisdiction of individuals or organizations suspected of having participated in unlawful acts of violence against Palestinians and in the sustaining of the settlement enterprise, including dual nationals, and sanction those found to be responsible…”

 

By taking a moral position of responsibility under the Genocide Convention, South Africa led the way in referring Israeli excesses to the International Court of Justice. While the legal ruling may be years away, Sidoti asserts, there is not any more authoritative reports of what is happening in Gaza than the reports of the United Nations, in general, and its Human Rights Council, in particular.

 

The Jamiatul Ulama South Africa urges the South African government to take note of the view of the Commission of Inquiry and heed the recommendations of the Human Rights Council with respect to individuals and organisations suspected of participating in the atrocities that are still on-going in Gaza and other Occupied Palestinian Territories.

 

The public has the right to know the role of people such as Daniel Perez in the Israeli military, including other dual South African-Israeli citizens who participated in operations in Gaza. Just as Sidoti submitted to Declassified UK, with respect to British-Israelis, relevant South African authorities need to take appropriate actions of accountability, from these shores, so that the impunity we have seen so far is ended.

 

South Africa cannot credibly champion international law abroad while, at home showing deference to those alleged to have breached that very law. Doing so, undermines South Africa’s longstanding commitment to international justice and the very principles it has invoked in seeking accountability for the atrocities committed against the Palestinian people.

 

Released by:

The Executive Committee
Jamiatul Ulama South Africa

08 Rabi ‘al Awwal 1448 / 21 August 2026