N.B. Message From Advocate Geoff Budlender

Tuesday, 25 August 2009

NOTICE AND INVITATION

I have been appointed by the Vice-Chancellor to conduct an investigation into the events leading up to and during the Limmud Conference which took place at the Medical School Campus on 9 and 10 August 2009, and in particular to investigate:

1. claims that racial profiling and/or inflammatory slurs took place;

2. assertions that the University unreasonably attempted to prevent students from legitimate protest action;

3. an allegation that the University did not respond seriously and timeously to the issue;

4. whether the University exercised its proper responsibility with regard to ensuring proper control and use of the venues hired to an external organisation. If necessary, further recommendations will be made on this issue.

The findings of the investigation will be made available to members of the University community.

I invite members of the Wits community and interested members of the general public to provide me with relevant information which will assist me in conducting this investigation. In particular, I invite:

(a) persons who wish to provide written information to send it to me.

(b) persons who wish to be interviewed to indicate this, and to provide a summary of what information they will be able to provide at such an interview, if invited; and

(c) interested persons to identify any other persons whom they suggest I should seek to interview, and why I should seek to interview such persons.

All such information, with the relevant contact details should be sent to me via this email address: feedback.survey@wits.ac.za

As it is intended that I should complete the investigation by the end of September 2009, I shall be grateful if this information could be provided by no later than Wednesday, 2 September 2009. Once I have that information, I shall be in a position to make the necessary arrangements for interviews.

GEOFF BUDLENDER SC

Second Update from Wits University's Vice-Chancellor

Monday, 24 August 2009

INDEPENDENT ADVOCATE APPOINTED TO INVESTIGATE THE EVENTS WHICH TRANSPIRED ON THE 9^TH AND 10^TH OF AUGUST 2009

Dear Members of the Wits Community,

In my last communication to the Wits community, I indicated that I would commission an independent investigation into the events which lead up to and occurred during the Limmud Conference held at the Wits Medical School on the 9^th and 10^th of August 2009.

I have commissioned Advocate Geoff Budlender to investigate the matter.

Budlender is human rights advocate who has dedicated his life to seeking the truth and fighting for a just society. He has a long, distinguished career, which began during his days as an activist when he served as acting president of the anti-apartheid National Union of South African Students.

He has represented people charged with political offences and those detained without trial. He has acted on behalf of people removed forcefully from their land and has fought against the control laws which formerly prevented the freedom of movement of Africans. He has also taken on several cases pertaining to the death penalty, land and housing rights, social welfare matters and medical issues.

Budlender was part of the independent South African Human Rights delegation to Israel and Palestine in 2008. Former chairperson of the Council of the University of Cape Town and a former acting judge of the High Court, Budlender is now in private practice. He served as the Director-General of the Department of Land Affairs from 1996 until 2000. He has spent several years at the Legal Resources Centre, of which he is a founding member.

The terms of reference of the investigation have already been shared with you and more information on how submissions can be made, will be made available later today. It is envisaged that the investigation will be complete by the end of September but this is subject to the material that is available and the number of submissions and interviews which are scheduled.

Further information will be presented to you as it becomes available.

Thank you

Prof. Loyiso Nongxa

Vice-Chancellor and Principal

Wits University

Wits Students Reclaim Control

Tuesday, 18 August 2009

NOT WELCOME IN OUR HOME: STUDENTS RECLAIM WITS' NAME

Over the past two weeks, students and staff have collectively mobilized against Wits University’s silence regarding the presence of accused international war criminal, Lieutenant-Colonel David Benjamin, on Wits campus. As a result of persistent engagement by concerned members of the Wits community the Vice-Chancellor has publicly apologized. But this is not enough.

Due to student and staff action, management has undertaken an investigation into the allegations brought to the Vice-Chancellor’s attention. During Benjamin's visit on 9th August, Wits students and staff were unduly obstructed from accessing Wits Medical School, some subjected to blatant racial and religious profiling. An unidentified group of young men acting as conference ‘security’ harassed and intimidated students, including peaceful protestors. And, although claiming to ‘value’ the right to protest, senior management attempted to halt a silent protest on the day, with the Registrar demanding that students and staff, “Get off the campus immediately or face the consequences.”

The protest was in response to Benjamin - self-admitted architect of the Israeli massacre in Gaza - speaking on campus. As Benjamin stated in an interview with Bloomberg News: “[the Gaza] campaign was a long time in the works, and we [the Military Advocates Corps] were intimately involved in the planning… Approval of targets which can be attacked, methods of warfare – it all has gone through us.”

The Vice-Chancellor has stated in his public response that any person who justifies the Gaza massacre (whether on legal, religious or historical grounds) would certainly not be welcome in his home. For us, like him, Wits is our home. As he compellingly argues in his public statement: “The traumatic experience of the children of Gaza haunts me. The destruction of people’s homes and livelihoods and the loss of their limbs and body parts horrifies me.”

Taking a stance on Benjamin is not complex. This is a man who is directly responsible for the illegal use of white phosphorus on civilian targets and the massacre of more than a thousand innocent people in Gaza. These actions are, without question, in direct opposition to Wits’ values.

The Vice-Chancellor has come out strongly in his personal capacity, yet he has failed to exercise his official responsibility, as custodian of the University, to uphold its values.

As regrettable as this failure is, the Vice-Chancellor and management does not exclusively own or define what we stand for. They have failed to make the statement strongly, and thus we are obliged to do so:

We hereby state that accused war criminals, racial profiling and the suppression of protests are not welcome on our campus.

We refuse to be complicit in war crimes and we refuse to watch the values of our institution be tarnished due to that complicity.

We reclaim what Wits truly stands for.

18 AUGUST 2009

CONCERNED WITS STUDENTS AND STAFF

Update from Wits University's Vice-Chancellor

Wednesday, 19 August 2009

UPDATE ON THE INVESTIGATION INTO THE EVENTS WHICH TRANSPIRED LAST WEEK

Last week I addressed a letter to the Wits Community regarding the events leading up to and during the Limmud Conference which took place on the 9th and 10th of August 2009. I indicated that I will be commissioning an investigation into the matter and that I would advise you of the terms of reference and timelines for this investigation.

After careful consideration of the complaints which I received, I have decided to take responsibility for finalising the terms of reference for the investigation. They are as follows:

To investigate the events leading up to and during the Limmud Conference which took place on the 9th and 10th of August 2009, and in particular to investigate:

(1) Claims that ‘racial profiling’ and/or inflammatory slurs took place;

(2) Assertions that the University had unreasonably attempted to prevent students from legitimate protest action;

(3) An allegation that the University did not respond seriously and timeously to the issue;

(4) If the University had exercised its proper responsibility with regard to ensuring proper control and use of the venues hired to an external organisation. If necessary, further recommendations should be made on this issue.

It is envisaged that the Investigation will entail the perusal of relevant documentation, eliciting the views of members of the Wits community on the particular matter, and conducting interviews with affected students, staff and members of the general public. It is further envisaged that the investigation will be conducted by the end of September 2009 and that the findings will be made available to members of the University community.

I intend to appoint an independent and senior member of the legal profession who is external to the University to conduct the investigation. I will advise you of the name of the person as soon as arrangements have been finalised.

Prof. Loyiso Nongxa

Vice-Chancellor and Principal

Wits University

Wits University's Vice-Chancellor, Prof. Loyiso Nongxa, Responds

Thursday, 13 August 2009

Dear Members of the Wits community,

Yesterday, at rather short notice, I met with a group of students who issued an ‘open letter’ that was circulated widely, expressing their concerns at Wits having hired one of its venues to an external Jewish organisation, Limmud, who invited a controversial speaker to their event over the weekend.

I undertook to initiate a formal investigation based on the disturbing allegations contained in the letter and in other communications that I have received in this regard.

It was brought to my attention, during the meeting, that (certain sectors of) the University community wanted a public statement to be issued from the University about the events of the last few days. The students informed me that failure to do so would lead to the conclusion that the University associates itself with the views and actions of the controversial speaker. I found this assertion disturbing, particularly because it reduces the commitment of the University to issues of human rights, freedom of speech and the right to protest, to a single event and how we respond to it.

My position as the Vice-Chancellor does not always qualify me to speak on behalf of the Wits community on all matters. Sometimes I do, when I am confident that the majority of the University community would support that stance, the Dalai Lama issue being a recent example. I don’t feel confident that I can speak on behalf of the Wits community when it comes to the complex politics of the Middle East, and especially the ongoing conflict between the Palestinians and Israelis. I do have personal views that I will express below, knowing that certain members of the Wits community will be vehemently opposed to them.

As a South African who lived under Apartheid and who was once stripped of South African citizenship and declared, against my wishes, a citizen of a pseudo-country which I did not recognise, I am appalled at what is happening in the Middle East. There can be no justification for what I see as atrocities committed against civilians. My late mother taught me that, as an adult, we should treat every child as our own. The traumatic experience of the children of Gaza haunts me. The destruction of people’s homes and livelihoods and the loss of their limbs and body parts horrifies me. The human being inside me would find it difficult to welcome to my home, and Wits is my home, anybody who would justify what has happened there, whether it’s based on legal, religious or historical grounds.

But we live in a diverse community and a country which values and celebrates differences and diversity and as the Vice-Chancellor of a public institution which invariably reflects this diversity, I have to uphold the values of freedom of expression which is an integral part of academic freedom.

I believe that many of us have not thought carefully about what it means to live in a society that celebrates freedom of speech – universities are spaces where all views should be aired and heard. Many of us have not thought carefully about what it means to live in a non-racial or non-sexist society. Sometimes we tend to impose on others our sectarian view of that future democratic, non-sexist and non-racial society.

Let me now offer a preliminary response to some of the allegations in the “open letter”. The first time I received notification about the weekend event at which Lieutenant Colonel David Benjamin was to speak, was on the morning of Friday, 7 August 2009. I responded to the student concerned and informed her that I was leaving for theEastern Cape and that I would refer the issue to colleagues in the Vice-Chancellor’s Office. The students that I met with yesterday seem to disbelieve this response and one even called my response “outrageous”. The investigation will possibly throw some light on this issue. I appointed one of my senior colleagues as Acting Vice-Chancellor in my absence. On Saturday, I received correspondence between the Acting Vice-Chancellor and the students on their concerns and endorsed what was being discussed. The correspondence was cordial, respectful and spelt out the University’s views on freedom of speech and right to peaceful protest. On Tuesday, I received a briefing on how the difficult situation was managed in my absence and at short notice. I take full responsibility for all the decisions that were taken on my behalf while I was away - they are now my decisions.

Let me stress that I am appalled by allegations of racial profiling. There is no place for that in South African society and certainly no place for that at Wits. I would like this to be part of the investigation. If we are to look at this as an opportunity to learn about what it means to live in South Africa in the 21^st Century, I would like us all, as members of the Wits community to reflect on our own prejudices around this matter. How many of us become uneasy or even panic when we see a Black, African male at night and instinctively worry about being robbed? What comes to mind when we see a Muslim woman wearing a burka or a Rastafarian student donning his colourful garments? This is racial profiling that we may be guilty of knowingly or unknowingly.

There have been questions raised about the presence of external security on our campus. This is a complex matter on which the University community should advise. There have been many instances when external security has been present on our campus without incident. Possibly the key issue here is how they behave when they are on our campus. It has been brought to my attention that people were photographed and that there are concerns that these photographs could be used for illegal or suspect purposes. I have already raised this matter with the parties concerned.

Another issue has been the use of University venues and how the University should exercise its responsibility in managing what takes place in these venues. This is again another complicated matter. Wits provides a platform for various (and often conflicting) views to be aired, and forms part of our commitment to freedom of expression and freedom of speech. As the Vice-Chancellor of Wits, I was not given the power to ’vet’ people who come onto campus, nor do I think that any one person within the University should have the right to do so.

Lastly, the students that I spoke with seem to feel that the senior management of the University have let them down, in not living up to their expectations with regard to the values to which they are committed and that they believe this University stands for. I am saddened by that and would like to apologise to them for feeling that way. I would like to apologise to the all people who felt targeted because they were Black. Earlier this year Prof. Yunus Ballim and I met with students who felt hurt that they have been targeted because they identified themselves with the State of Israel. They told me that this is part of their identity and upbringing. I was equally saddened by that and again will apologise to them for that hurt. I am saddened by the feeling of alienation of some Black students at Wits and apologise to them for that hurt. I am saddened by cases of violence against women students, in many cases these perpetrated by fellow male students. I would like to apologise to them for the hurt, some suffer in silence and never report these incidences. I am saddened by the acts of violence against gay and lesbian people. I am saddened by the intolerance that I witness in our community.

As I have indicated, I will be appointing an investigation into the matter and I will advise the University community as soon as more details pertaining to the terms of reference and timelines are decided.

Prof. Loyiso Nongxa

Vice-Chancellor and Principal

Wits University

13 August 2009

SAJBD issues statement on behalf of Lummud

RACIAL PROFILING CLAIMS A LIE - SOUTH AFRICAN JEWSIH BOARD OF DEPUTIES

12 August 2009

Baseless Misinformation Needs to be Countered

As an innovative organization that arranges a festival of Jewish learning and culture, Limmud SA embraces the full spectrum of Jewish religious and political opinion and thought.

Given the large number of delegates involved at Limmud SA and the potential threat of violence, the University and Limmud SA worked together to increase security. Members of the University and conference delegates were all allowed to enter onto the university premises. The notion that racial profiling took place is a lie put out to try and harm the image of Limmud SA and the University with no justification. It is also offensive in that it assumes all Jews are whites (which is false) and that we did not have delegates who were of differing racial groups. It also represents an ugly form of anti-semitism, seeking to label Jews as racist. Indeed, the protesting groups organised by the Palestine Solidarity Committee repeatedly hurled abuse at conference delegates calling those - simply because they were Jewish - Nazis and racists. This goes beyond the boundaries of legitimate speech into hate speech and represents an insidious and disgraceful form of discrimination.

The Wits University Community who are concerned with equality, dignity and freedom for all would have been proud of the way in which the Limmud SA conference was conducted on Wits campus. If anyone wishes to come forward with comments as to the way in which any aspect of the Limmud conference was handled, we are open to hear any issues that need to be raised.

It is in the spirit of learning and constructive engagement that David Benjamin, a senior lawyer and former legal advisor to the Israel Defence Force, and Shlomy Zachary, a human rights lawyer working in Israel and an expert in international humanitarian law presented their differing views on the Middle East conflict and, in particular, Israel's compliance with or violation of international law. Contrary to the claims made by the MRN and PSC, Benjamin has not been indicted on any charges nor has he been convicted of any crime.

Those committed to human rights will not convict someone without hearing their point of view, nor will they prevent them from speaking on the basis of an allegation. WitsUniversity as with any other institution should not take any view or express any opinion on a matter that does not lie within its jurisdiction and is to be commended for allowing the Limmud organisation to continue to promote academic freedom and debate on Wits campus where some voices wish to drown those out.

Based on democratic principles, Limmud SA is committed to allowing the right of individuals to protest even against decisions of our organisation or those who present at Limmud SA. That right must be exercised responsibly and be consonant with the right of delegates to associate freely and enter into the conference area. A senior member of the Limmud executive defended the right of Wits students to protest whilst requesting that they enable conference delegates to enter the building. The protest went ahead peacefully on these grounds.

Free speech really matters where we are prepared to defend the rights of those with whom we may even vehemently disagree. Limmud SA represents the spirit of the post-apartheid South Africa by holding out the possibility of a community in which diversity and inclusivity are celebrated. We hope through dialogue and constructive discussion to advance the cause of knowledge but also hopefully peace and human rights in our world.

David Bilchitz and Wayne Sussman

Statement issued by the South African Jewish Board of Deputies.

Gazan Students Write to the Vice Chancellor of Wits University

Wednesday, 12 August 2009

AN OPEN LETTER TO THE VICE-CHANCELLOR OF WITS UNIVERSITY

Dear Professor Loyiso Nongxa,

From under a hermetic siege, now entering its third annum, from the largest refugee camp in the world, from the Gaza Bantustan, we write to you as student representatives of all academic institutions in the Gaza Strip.

We are both distraught and disappointed by the discrimination and racial profiling of the students and staff members of Wits University as they peacefully protested against the presence of an Israeli war criminal on their campus.

The events at Wits University this past week are further proof that the official international community is indifferent towards the savage slaughtering of over 400 children in Gaza. It is because of obscenities such as this-inviting a man who promoted massacre into one's country and campus-that we have little faith that our governments will be vehicles of change or justice.

Rather we now turn to international civil society movements and organizations and call upon them to stand in solidarity with the Palestinian people against the last heinous Israeli attack in Gaza.

We hail the students and staff members of Wits who courageously said no to the mainstream's apparent eagerness to host a war criminal on your campus.

As our teachers, professors and beloved ones used to tell us, there was no negotiation with Apartheid South Africa. There was only one word: BOYCOTT. Israel was a sister state to the Apartheid regime before 1994. Yet, disappointingly, the Israeli flag still flails in the skies of Pretoria.

We will not list out the resume of the crimes against humanity accused war criminal Lieutenant Colonel David Benjamin has committed against our fellow brothers and sisters in the Strip as our friends of Wits PSC have courageously already done so. But, rather, we will ring a bell of a history never to be forgotten: Sharpeville 1960. After that slaughtering of brave South African peaceful protesters against racially discriminative impasse laws, every citizen in the world knew that South Africa was an Apartheid state, a regime based on racial segregation and discrimination, a shame to humanity.

So too is the 1948 Nakba. Our people were ethnically cleansed. They were terrorized. They were expelled from their homes. And it has never stopped. The massacres and slow motion genocide still goes on. The building of an Apartheid wall takes place as we write, as do the expansion of settlements, home demolitions, land expropriation, and cultural confiscation.

And the entire world saw Gaza 2009. Before our eyes Israeli forces and weaponry killed an estimated 1500 people, more than 400 of whom were children, and injured 5500 others.

It is time for citizens of the world to admit the sordid truth, to see the reality imposed on the native population of the land for what it is: Israel is even worse that Apartheid South Africa, as noticed by the likes of Ronnie Kasrils, Desmund Tutu, John Dugard and all the brave South African visiting Palestine. Its generals and leadership are war criminals. You called for a BDS campaign against apartheid South Africa, but you host an Israeli war criminal on your campus. We fail to understand.

In light of the letter from our friends at PSC-Wits, we demand an apology to all those harassed, discriminated against and intimidated on campus. We also demand an inquiry as to why such conduct was practiced against them.

And we ask the Vice-Chancellor’s office: would you ever welcome an Apartheid-era supporter on campus?

The answer to this will mark the response to accused war criminal Lieutenant Colonel David Benjamin’s presence on Wits University campus.

Palestinian Student's Campaign for the Academic Boycott of Israel (PSCABI)

Gaza,

Palestine

Webpage: www.pscabi.org

Email: pscabi@gmail.com

Open Letter to the Vice Chancellor of Wits University

Tuesday, 11 August 2009

OPEN LETTER TO THE VICE-CHANCELLOR OF WITS UNIVERSITY

Racial Discrimination and Accused War Criminal on Campus

We write to you as members of the Wits community with a deep sense of distress. Over the past week, and in the lead up to the scheduled presence of accused war criminal Lieutenant Colonel David Benjamin on our campus, a series of events have gravely disappointed us as students and staff of this University.

There have been persistent attempts to engage the University through letters and petitions, but the University’s ‘responses’, combined with subsequent events, have been a severe disappointment to all those who have been ethically and politically moved by the case. As a result, we write you this open letter stating our three primary concerns with regard to the events of this last week:

1) ACCUSED INTERNATIONAL WAR CRIMINAL SPEAKS ON CAMPUS

David Benjamin was the prime legal advisor to the Israeli Defense Force (IDF) and served in the Military Advocates Corps, which approved all of the military details regarding Israel’s December 2008 attack on Gaza. He authorized the use of white phosphorus which illegally targeted civilian population, and is directly implicated in the deaths of 1 400 Palestinians during the attacks.

Students informed the University that Benjamin’s name was included in an application by prominent South Africans (including former Wits Law Professor John Dugard and others), alleging war crimes against a number of Israeli political and military figures, and that, by the end of the week, formal charges had been laid against him.

Despite this notification, the University persisted in allowing Benjamin to speak without any formal dissociation or public statement issued by the University. The public silence of the University throughout this matter tacitly endorses the murderous acts with which Benjamin is closely linked. This certainly cannot be the tarnished reputation the University aims to be associated with.

We cannot allow our University to maintain this impression and we demand that a formal statement be released from the Vice-Chancellor’s Office that states in clear terms that the University of the Witwatersrand formally dissociates itself from David Benjamin as an accused war criminal.

2) RIGHT TO PROTEST BY STUDENTS AND STAFF ON WITS CAMPUS

On Sunday, 9th August 2009, a peaceful and non-violent protest by students and staff was held in symbolic condemnation of David Benjamin’s presence on our campus. There were direct attempts by senior management to prevent the peaceful protest from taking place, despite the fact that notification of the intention to protest had been given.

It is an offence to our sensibilities as democratic citizens that an accused war criminal can be afforded a protected platform, whereas students and staff have to struggle for the ability to even stand in silent protest against him.

Vice Chancellor, it is imperative that the University reassures us that there is indeed commitment to valuing the right to protest by members of the Wits community.

3) RACIAL DISCRIMINATION, INTIMIDATION AND HARRASSMENT ON CAMPUS

On Sunday 9th August, ‘private security’ was permitted to establish primary and directing control over Wits Medical School campus. Such security restricted access and freedom of movement to students and staff, with blatant racial and religious profiling. Several black members of staff were harassed and asked repeatedly for identification, whilst many students were intimidated, harassed, and some even denied access to campus for their studies. Campus control, rather than facilitating protection of such students, worked for and in cooperation with the external security.

Vice Chancellor, words cannot adequately express the painful experience of seeing and being subjected to blatant Apartheid-era racial profiling and racial discrimination on our campus.

It is imperative for the integrity of the University’s public image that it clarify its policies regarding the presence of ‘security’ organizations on campus and we demand that the University does no less than issue a public apology to students and staff who were subjected to such degrading treatment at Wits.

This is a summary of our concerns as students committed to an institution that upholds the spirit and values of equality, dignity and freedom. We expect a response to these pertinent issues and demands by end of workday today, that is 5pm on Tuesday 11th August.

Petition submitted by over 30 Wits University Academics and Organizations

Friday, 07 August 2009

PETITION LETTER SUBMITTED TO THE VICE-CHANCELLOR OF WITS UNIVERSITY

Dear Professor Loyiso Nongxa,

Staff, students and organisations of the Wits community are distressed at the scheduled presence of Lieutenant-Colonel David Benjamin on the University of Witwatersrand campus. Benjamin is due to participate in the Limmud conference to be held at Wits Medical School this weekend.

Benjamin was the prime legal advisor to the Israeli Defense Force (IDF) and served in the Military Advocates Corps, which provides legal advice to the Israeli Army, and which approved all of the military details regarding Israel’s December 2008 attack on Gaza. This included the use of white phosphorus as a chemical weapon, which is illegal under international law.

It is for this reason that a number of applicants in South Africa, including former Wits Law professor, John Dugard (former United Nations Special Rapporteur for Human Rights), former Intelligence minister Ronnie Kasrils, and Law professor Max du Plessis, have included Benjamin's name in a dossier - that was lodged with the National Directorate of Public Prosecutions on Monday, 3 August 2009 - which alleges war crimes against a number of Israeli political and military figures. That someone of the stature of Professor Dugard calls for the arrest of a person - on charges of war crimes – is certainly relevant to Wits University when such a person will be speaking at a Wits venue. Furthermore, the possibility of Benjamin being arrested on our campus can be extremely embarrassing for Wits.

As members of the Wits community, committed to the realisation of Wits as ‘A World-Class African University’ we strongly urge Wits to disallow Benjamin from speaking on our premises and further call for Wits to formally dissociate itself from him. Hosting Benjamin, an alleged war criminal, would severely tarnish the image of our institution. In addition, we consider the presence of Benjamin inimical to the values of the university and justice.

We look forward to your response.

Petition letter supported by over 30 Wits University Academics and Organizations

UJ Prof and PSC lay charges at Brixton Police Station against Lt-Col. David Benjamin

UNIVERSITY OF JOHANNESBURG ACADEMIC, PROFESSOR FARID ESACK AND PSC MEMBERS FORMALLY LAT CHARGES AGAINST ISRAELI WAR CRIMINAL LIEUTENANT-COLONEL DAVID BENJAMIN.

Friday, 07th August 2009

This follows an application lodged on Monday by the Palestine Solidarity Alliance and others with the assistance of well-known international law professors John Dugard and Max du Plessis. The application calls on the National Directorate of Public Prosecutions to set in motion an investigation into war crimes committed by a number of Israelis linked to the Gaza massacre of December 2008-January 2009.

South African-born Lieutenant-Colonel David Benjamin, who obtained his law degree from the University of Cape Town, has worked for the Israeli Occupation Forces for the past 17 years. As a member of the Israeli Army’s Military Advocates Corps, he provided legal advice to the .Israeli military during the massacre.

Benjamin has been credited with giving the Israeli army the legal go-ahead for the use of white phosphorous in its attacks against Gaza in December 2008-January 2009. Israel’s use of white phosphorous in Gaza is illegal under international law; the Geneva Convention bars its use against civilian targets.

Benjamin, by his own admission, told Bloomberg News that the Gaza “campaign was a long time in the works, and we [the Military Advocates Corps] were intimately involved in the planning... Approval of targets which can be attacked, methods of warfare – it all has gone through us.”

The charges are supported by overwhelming evidence, including reports from internationally known human rights organisations, and affidavits in excess of 3500 pages (available from the PSC). The massacre followed an 18-month siege and blockade which saw an occupied population experience starvation, deprivation, displacement and ongoing trauma on a horrendous scale that has shocked humanity. This seige continues.

The Gaza onslaught resulted in the deaths of 1400 Palestinians, the majority of whom were civilians. Of these approximately 40 % were women and children. More than 5400 Palestinians were seriously injured, many with the most horrific wounds, burns and amputations and countless others are psychologically, physically and mentally traumatised. This is in comparison to 10 Israeli soldiers killed (four by own fire and 2 Israeli citizens).

These acts of barbarity did not spare the innocent lives of a besieged occupied people. It is common knowledge that Israel attacked and destroyed schools, places of worship, shelters, hospitals and United Nations installations, such as the UNWRA school and relief aid warehouses. Israel’s offensive destroyed about 22,000 buildings and is estimated to have caused 1.9-billion US dollars worth of destruction. The actions are abhorrent and profoundly in breach of international humanitarian law and constitute evidence of international crimes.

The Israeli attack and bombardment of Gaza has been extensively documented and horrific scenes of death, injury and destruction of the civilian population were televised to the world. Evidence collected from eye-witnesses and those injured as well as United Nations and other investigative reports, including the testimony of Israeli combat soldiers and physicians (including South Africans) provide compelling proof that suggests Israelis have committed war crimes and crimes against humanity.

All credible humanitarian and human rights organisations, including Amnesty International, and the Red Cross, and respected individuals such as the professors of law Richard Falk and our own John Dugard, also condemned these actions as war crimes.

All of these actions are war crimes under international law, and Benjamin is, therefore, a war criminal. South Africans should feel outraged to have such a war criminal visiting our country, with the express purpose, according to the host organisation, Limmud, of providing South African audiences with the Israeli army’s justification for their war crimes.

Issued by the Palestine Solidarity Committee.