Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad

The AJOL site is currently undergoing a major upgrade, and there will temporarily be some restrictions to the available functionality.
-- Users will not be able to register or log in during this period.
-- Full text (PDF) downloads of Open Access journal articles will be available as always.
-- Full text (PDF) downloads of subscription based journal articles will NOT be available
We apologise for any inconvenience caused. Please check back soon, as we will revert to usual policy as soon as possible.

South Africans offering foreign military assistance abroad: How real is the risk of domestic prosecution?

Shannon Joy Bosch


This article discusses the efficacy of the existing Regulation of Foreign Military Assistance Act 15 of 1998, and the proposed Prohibition of Mercenary Activities and Regulation of Certain Activities in the Country of Armed Conflict Act 27 of 2006, in regulating the private security industry and prosecuting those in contravention of the legislation. It discusses the motivations behind recent attempts to deny the citizenship of South African nationals who had taken up employment abroad in the private security industry. The article gives some guidance regarding the likelihood of prosecution for the new school of South African fighters taking up arms for foreign causes like ISIS, the IDF, and Nigeria.

Keywords: Foreign military assistance; private security; domestic prosecution; ISIS.
AJOL African Journals Online