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      South Africans offering Foreign Military Assistance Abroad: How real is the Risk of Domestic Prosecution?

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          Abstract

          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.

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          Most cited references9

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          "South Africa's New Counter-mercenary Law" 2008

          P. JACOBS (2024)
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            "PMCs, Myths and Mercenaries: The Debate on Private Military Companies" 2000

            K. O'brien (2024)
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              "Contracting Out War?: Private Military Companies, Law and Regulation in the United Kingdom" 2005

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                Author and article information

                Contributors
                Role: ND
                Journal
                pelj
                PER: Potchefstroomse Elektroniese Regsblad
                PER
                North-West University (Potchefstroom Campus) (Potchefstroom, North-West Province, South Africa )
                1727-3781
                2018
                : 21
                : 1
                : 1-28
                Affiliations
                [01] orgnameUniversity of KwaZulu-Nata South Africa
                Article
                S1727-37812018000100023
                10.17159/1727-3781/2018/v21i0a1721
                f8564331-8aba-4070-a6fb-8ffd5c71d449

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                History
                : 31 January 2017
                : 13 March 2018
                Page count
                Figures: 0, Tables: 0, Equations: 0, References: 61, Pages: 28
                Product

                SciELO South Africa


                ISIS,private security,Foreign military assistance,domestic prosecution

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