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accusation in the local media of being awar criminal. There were demonstrationsoutside of the venues where he participatedand there was even the concernthat he might be arrested.• In an exclusive interview, East LondonbornLt. Col. (Res.) David Benjamin,Adv spoke to Telfed Magazine:What was your role during? operation Cast Lead?That’s the irony; I was on holiday in CapeTown when the operation was launched.Clifton beach is a continent away fromGaza, but that is where I was when thenews of the conflict broke.?Why are they ‘gunning’ for you?Because they knew I had been alegal advisor to the IDF and so theywent on the headline rather than thefacts. I returned to Israel in January,while the conflict was in progress.What, do you think the Gaza operationwas waiting for me to return tooffer counsel? It’s ludicrous.Although I fully endorse the legal advicethat was given to IDF commandersin Cast Lead, it so happens that I personallyhad no role in this as I was alreadywell into my retirement leave. However,the Israel-bashers would never let themselvesbe confused by the facts!You are the only name they have? released. What about the others?Look, I don’t believe they have a caseagainst anyone. As I said, the legal meritsare not the issue. They are using thelaw as a political tool. It’s an effective,public way to bash Israel. This has lessto do with law and fact and everythingto do with politics.?How far legally do you foreseethey will proceed?Well, a delegation from South Africawent to the International Criminal Court(ICC) and met with the Chief Prosecutorthere who accepted the idea that he hadthe jurisdiction to investigate based onthe ‘dual citizen’ issue. The argumentgoes that if people hold dual citizenship,i.e. Israeli as well as South African, thiscould provide the jurisdiction to investigate.The ICC had not previously addressedthe Israel-Palestinian conflictbecause Israel was not a signatory tothe Rome Statute and the Palestinianterritory is not recognised as a state.[The Rome Statute of the InternationalCriminal Court, which came into force inJuly 2002, provides a permanent internationaltribunal to prosecute and punishindividuals who commit genocide andfor-hire types in a number of conflictsthroughout Africa. To play ‘world policeman’has a price. There have beenlarge numbers of South Africans employedas so-called ‘security personnel’in Iraq, (Ed note: some reports indicatingover 1000 at one time) and then youhave on the other side, for ideologicalor religious motivations, South AfricanMuslims who volunteered to fight forthe Mujahedeen in Iraq, Pakistan, Sudanand Afghanistan.?Are they going to investigate allthese cases?With local crime reaching staggeringlevels, it’s not that SouthAfrican courts are looking for extrawork!Anti-Israel protests in South Africaduring Cast Lead.Surely African countries? would also not welcometheir southern neighbour pokingits nose into their affairs?Absolutely not. They would resentit. Some of the countries north of theLimpopo are the worst transgressorsof human rights and the last thing theywant is for their crimes to be exposed inSouth African courts. Not that I have aproblem with this, but this would hardlyhelp South Africa’s foreign relationsin Africa!?If underlying the attacks is morepolitical than legal, how doesone respond?One needs to point out the potentialramifications for other countries of goingafter Israel. If Israel - a true democracywhich upholds the Rule of Law, hasa highly developed legal system and takeshuman rights seriously – is to be placedin the dock, a precedent would be establishedthat could lead to the politicisedlegal hounding of other democracies facingarmed conflicts and terrorism.serious international crimes.] But withSouth Africa being a signatory, and havingenacted laws to that effect, it could,so the argument goes, arrest and prosecuteindividuals for alleged war crimesand crimes against humanity, which iswhy lawyers like Boda are confidentthey can set up a war crimes court inSouth Africa.?To what extent has South Africaan appetite to pursue this?I do not believe the SA governmentwould want to import the Israeli-Palestinian conflict into its courtrooms.With all the attention and investment itwould require, they don’t need it. Apartfrom provoking tensions between theJewish and Muslim communities, it willhurt their international relations,The legislation in South Africa regardingservice in foreign militaries came inthe wake of the rise of South Africanmercenaries - the ‘Blood Diamond’ gunscontinuedon next page