[News] Ending Complicity in International Crimes: A Two-Way Arms Embargo on Israel

[Anti-Imperialist News]

addameer.org <https://www.addameer.org/news/5206>
Ending Complicity in International Crimes: A Two-Way Arms Embargo on Israel
November 9, 2023
------------------------------

The undersigned organisations demand that States that have provided and
continue to provide arms and other forms of military assistance to Israel,
adhere to their legal obligations and act resolutely and urgently to
prevent Israel from perpetuating further international crimes and other
serious violations of international law. This includes their obligations to
prevent the commission of genocide.

We remind these States that their binding obligations under international
humanitarian law, international human rights law, international criminal
law, and other international law, including the United Nations (UN)
Charter, require that they put an immediate stop to such transfers, and
suspend all licenses for arms destined to Israel from their jurisdictions.

States parties to the Arms Trade Treaty (ATT) have additional binding
obligations under the treaty, and so do States under relevant regional and
national legal instruments on arms control.

We recall that providing arms or military support to Israel may make
exporting States complicit in its actions.

States’ Facilitation of International Crimes against Palestinians through
the Provision of Arms and Military Support

Since the launching of its large-scale retaliatory military offensive on
Gaza on 7 October 2023, the Israeli military has carried out
indiscriminate, disproportionate and other unlawful attacks against
civilian infrastructure causing widespread civilian casualties, including
through the illegal use of explosive weapons and white phosphorus
<https://www.hrw.org/news/2023/10/12/israel-white-phosphorus-used-gaza-lebanon>
.

As of 2:00 pm on 7 November 2023, Israel’s military offensive has resulted
<https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-32>
in
the killing of 10,328 Palestinians, of whom 67 per cent are children and
women, according to the Palestinian Ministry of Health. In addition, about
2,450 Palestinians, including 1,350 children, have been reported missing
and are presumed to be trapped or dead under the rubble.

As “nowhere is safe in Gaza,”
<https://www.ohchr.org/en/press-briefing-notes/2023/10/israel-opt-update>
Palestinian
civilians in besieged Gaza, including a million children, are trapped in
dire conditions under almost constant bombing, where they have no access to
safe shelter, food, water, electricity, or fuel. “The complete siege of
Gaza coupled with unfeasible evacuation orders and forcible population
transfers, is a violation of international humanitarian and criminal law,”
as decried
<https://www.ohchr.org/en/press-releases/2023/10/gaza-un-experts-decry-bombing-hospitals-and-schools-crimes-against-humanity>
by
UN experts. On 27 October, the UN General Assembly, in a resolution
<https://digitallibrary.un.org/record/4025240?ln=en> adopted at its
emergency special session, stressed “the imperative, under international
humanitarian law, of ensuring that civilians are not deprived of objects
indispensable to their survival.”

Statements <https://www.alhaq.org/advocacy/21878.html> by Israeli officials
urged that “the emphasis is on damage and not on accuracy”
<https://www.theguardian.com/world/2023/oct/10/right-now-it-is-one-day-at-a-time-life-on-israels-frontline-with-gaza#:~:text=Speaking%20on%20Tuesday%20morning,%20IDF,damage%20and%20not%20on%20accuracy%E2%80%9D>,
and called for “erasing the Gaza Strip from the face of the earth”.
<https://twitter.com/nissimv/status/1710694866009596169> In a span of under
a week, Israel deployed around 6,000 bombs, almost the same quantity
<https://www.washingtonpost.com/world/2023/10/12/israel-seeks-end-hamas-gaza-war/>
as
the US had released in Afghanistan over the course of a year. We are
particularly concerned with reports
<https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-18>
of
attacks on civilians and civilian infrastructure, including attacks on
health personnel, journalists, hospitals, schools, mosques, churches,
bakeries, telecommunications infrastructure and areas marked for safe
passage. <https://twitter.com/alhaq_org/status/1713276230517051825> Many of
these acts may amount to war crimes, crimes against humanity and other
grave violations of international law, including incitement to commit acts
of genocide.  <https://www.alhaq.org/advocacy/21898.html>

UN human rights experts sounded the alarm
<https://www.ohchr.org/en/press-releases/2023/10/gaza-un-experts-decry-bombing-hospitals-and-schools-crimes-against-humanity>
on
19 October 2023, “There is an ongoing campaign by Israel resulting in
crimes against humanity in Gaza. Considering statements made by Israeli
political leaders and their allies, accompanied by military action in Gaza
and escalation of arrests and killing in the West Bank, there is also a
risk of genocide against the Palestine people”, emphasising that “There are
no justifications or exceptions for such crimes. We are appalled by the
inaction of the international community in the face of belligerent
war-mongering.”

In addition to carpet-bombing Gaza, Israel has escalated its repression and
collective punishment against the Palestinian people on both sides of the
Green Line. Between 7 October and 12:00 pm on 7 November 2023, in the West
Bank, including Jerusalem, the Israeli occupying forces and settlers killed
<https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-flash-update-32>
158
Palestinians, including 45 children. Furthermore, the Knesset’s National
Security Committee continued with “the government’s broader plan to arm
Jewish Israeli civilians”, by loosening Israel’s gun control
<https://www.adalah.org/en/content/view/10916> and reportedly
<https://www.haaretz.com/israel-news/2023-10-24/ty-article-magazine/.premium/israel-is-basically-telling-citizens-you-need-to-take-care-of-yourself/0000018b-6180-d312-a1fb-f7fb54730000>
making
an additional 400,000 Jewish-Israelis eligible to have a licence for guns.

Continued Arms Transfers to Israel in Spite of Evidence of Crimes and Other
Violations

In the midst of these attacks, and despite well-documented and reported
grave violations and crimes against the Palestinian population over the
years, the supply of arms and military support to Israel from the United
States (US), — the largest single provider of military aid
<https://www.stimson.org/2023/in-shadow-of-war-a-snapshot-of-u-s-military-assistance-to-israel/>
to
Israel for decades,— and from Canada
<https://www.cjpme.org/pr_2023_06_12_arms_exports>, Germany
<https://www.sipri.org/sites/default/files/2023-03/2303_at_fact_sheet_2022_v2.pdf>
, Italy <https://pagellapolitica.it/articoli/commercio-armi-italia-israele>,
the United Kingdom (UK)
<https://caat.org.uk/news/statement-on-uk-arms-exports-to-israel/>, and the
Netherlands
<https://www.nrc.nl/nieuws/2023/11/07/nederland-blijft-israel-f35-onderdelen-leveren-ondanks-waarschuwing-schending-oorlogsrecht-a4180072>
—
States Parties to the ATT —, has continued. At its 2021 Special Session on
the grave human rights situation in the Occupied Palestinian Territory,
including East Jerusalem, the UN Human Rights Council urged
<https://digitallibrary.un.org/record/3928090?ln=en> all States to refrain
from transferring arms when they assess that there is a clear risk that
such arms might be used to commit or facilitate serious violations or
abuses of international human rights law or serious violations of
international humanitarian law.

Our organisations are alarmed by the reported news that some States,
including the US
<https://www.theguardian.com/us-news/2023/oct/12/us-to-send-more-arms-to-israel-before-expected-gaza-invasion#:~:text=The%20US%20pledged%20to%20send,low%20in%20the%20blockaded%20enclave.>,
the UK
<https://www.theguardian.com/world/2023/oct/12/uk-to-send-navy-ships-and-spy-planes-to-support-israel#:~:text=Britain%20will%20send%20surveillance%20aircraft,fighting%20in%20the%20Middle%20East.>,
and Germany
<https://www.politico.eu/newsletter/brussels-playbook/brussels-terror-attack-drives-home-risk-of-jihadist-wave/>,
have in recent days decided to supply additional military equipment or
‘fast-track’ the supply of military equipment to Israel, in spite of ample
evidence of war crimes being committed in Gaza.

International Legal Obligations Relating to Arms Transfers

Among the applicable international legal obligations:

Customary international law

Pursuant to customary international law, as largely codified in the
International Law Commission’s Draft Articles on Responsibility of States
for Internationally Wrongful Acts of 2001, a State that aids or assists
another State in the commission of an internationally wrongful act by the
latter is internationally responsible for doing so if: (a) that State does
so with the knowledge of the circumstances of the internationally wrongful
act; and (b) the act would be internationally wrongful if committed by that
State (Article 16).

This applies to arms transfers, as well as to other forms of support that
make a significant contribution to the unlawful act(s) such as logistical,
technical or financial support, intelligence, or provision of other
equipment.

International Humanitarian Law

Common Article 1 to the four Geneva Conventions of 1949 places a standing
obligation on States to “respect and ensure respect” for the Conventions’
protections in all circumstances. In its authoritative commentary to Common
Article 1, the International Committee of the Red Cross (ICRC) explains
that the Article 1 obligation requires, inter alia, that States “refrain
from transferring weapons if there is an expectation, based on facts or
knowledge of past patterns, that the weapons would be used to violate the
Conventions.”

Arms Trade Treaty (ATT)

The express purpose of the ATT was to prevent and reduce human suffering by
establishing common international standards for the transfer of
conventional weapons. Its Preamble refers to the obligations to respect and
ensure respect for International Humanitarian Law and to respect and ensure
respect for human rights.

Under Article 6(3) of the ATT
<https://www.thearmstradetreaty.org/hyper-images/file/TheArmsTradeTreaty1/TheArmsTradeTreaty.pdf>,
States Parties undertake not to authorise any transfer of conventional arms
if they have knowledge at the time of authorisation that arms or items
would be used in the commission of genocide, crimes against humanity, grave
breaches of the Geneva Conventions of 1949, attacks directed against
civilian objects or civilians protected as such, or other war crimes as
defined by international agreements to which they are a Party.

Under Articles 7 and 11
<https://www.thearmstradetreaty.org/hyper-images/file/TheArmsTradeTreaty1/TheArmsTradeTreaty.pdf>,
State Parties undertake not to authorise any export of conventional arms,
munitions, parts and components that would, inter alia, undermine peace and
security or be used to commit serious violations of international
humanitarian law and international human rights law.

EU Common Position on Arms Exports 2008/944/CFSP

European Union (EU) Member States
<https://european-union.europa.eu/principles-countries-history/country-profiles_en>
are
also bound by the terms of the Council Common Position 2008/944/CFSP of 8
December 2008
<https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32008E0944> as
common rules governing the control of exports of military technology and
equipment, and are, inter alia, required to “deny an export licence if
there is a clear risk that the military technology or equipment to be
exported might be used in the commission of serious violations of
international humanitarian law.”

OSCE Principles Governing Conventional Arms Transfers

Organisation for Security and Cooperation in Europe’s (OSCE) members
<https://www.osce.org/participating-states>, which include the US , are
required to adhere to the OSCE Principles Governing Conventional Arms
Transfers <https://www.osce.org/files/f/documents/3/6/42313.pdf> (OSCE
Principles) in their arms export decisions. Principle 4 requires States to
“promote and, by means of an effective national control mechanism, exercise
due restraint in the transfer of conventional arms and related technology.”
In order to give effect to that principle, States “will take into account”
a number of factors in considering any proposed arms exports. They are then
required to avoid any transfers which breach any or all of the OSCE
criteria contained within the OSCE Principles.

It is clear that the continued supply of arms exports and military aid to
Israel is in violation of all these obligations. Over the years, unchecked
and in many cases arguably internationally unlawful military support to
Israel has also enabled, facilitated and maintained Israel’s decades-long
settler-colonial and apartheid regime imposed over the Palestinian people
as a whole.

A failure to take action may also render States parties complicit in
internationally wrongful acts through the aiding or abetting of
international crimes and may give rise to the individual criminal
responsibility of senior officials of these States for aiding and abetting
the commission of war crimes and crimes against humanity under Article
25(3)(c) of the Rome Statute of the International Criminal Court.
<https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf> Given the
overwhelming evidence, States providing weapons and other military
assistance to Israel cannot claim that they are unaware of the myriad of
serious violations of international law that are being, and have been,
committed for decades. The provision of military equipment and military
support to Israel with knowledge that they are likely to be used in serious
violations of international law, including international crimes, invites
charges of complicity.

As Israel continues to import weapons, with over USD 4 billion annually
from the US and Germany alone, it has also established itself as a leader
in the cybersecurity and surveillance
<https://www.alhaq.org/cached_uploads/download/alhaq_files/images/stories/PDF/Submission_to_the_UN_Special_Rapporteur_on_the_Promotion_and_Protection_of_the_Right_to_Freedom_of_Opinion_and_Expression.pdf>
industry
and is among the world’s largest exporters of weapons, ranking tenth
<https://en.globes.co.il/en/article-israel-ranked-as-worlds-10th-biggest-arms-exporter-1001407631>
in
2022. Such technologies are often promoted as having been successfully
tested on the Palestinian population in the context of Israel’s
long-standing occupation during which they have also often been developed.
Our organisations therefore further demand that States put an end to and
denounce imports of arms and surveillance technology from Israel.

Demands for Immediate Measures by States:

Imposing a two-way arms embargo on Israel is both a legal and a moral
obligation. Pending such an embargo, all States must immediately suspend
all transfers of military items and associated services and assistance to
Israel. ATT States Parties must immediately terminate current, and prohibit
future transfers to Israel of conventional arms, munitions, parts and
components referred to in Articles 2(1), 3 and 4 of the ATT.

In addition to imposing a two-way arms embargo, States must also refrain
from concluding any military cooperation agreements, including military
training and intelligence operational cooperation, which could implicate
them in international crimes and other serious violations of international
law.

Our organisations hence call on:

1. All States to call for an immediate ceasefire, the unconditional and
unimpeded access of fuel and humanitarian aid, including water, food, and
medical supplies, into the Gaza Strip to alleviate the dire humanitarian
crisis, and the immediate lifting of the 16-year-long illegal blockade and
closure;

2. The US, the UK, Germany, Canada, Italy, the Netherlands and other States
that authorise the continued transfer of arms, and other forms of military
support to Israel to:

Immediately bring an end to such transfers in accordance with their
international law obligations, and

Immediately halt the provision of any materiel, equipment or other
commodity that may foreseeably be used in the commission of serious
international law violations including international crimes;

3. States importing arms and surveillance technology from Israel to
immediately halt all such imports;

4. Transit States to refuse to have their ports and airports used for
transferring arms to Israel; and

5. All ATT States Parties to cooperate within relevant international and
regional organisations to impose a two-way embargo on transfers of military
items to and from Israel, including by supporting the prompt organisation
of an extraordinary meeting of the Conference of States Parties, as
provided in Article 17.5 of the ATT.

Endorsing organisations, as of 18:00 Palestine time, 8 November 2023. This
will be updated on a rolling basis.

A Different Jewish Voice (Een Ander Joods Geluid)

Addameer Prisoner Support and Human Rights

AIXARRA Restorative Justice Forum, based at the Centre for African Studies
and Linguistics, University of Cape Town.

Al Mezan Center for Human Rights

Al-Haq, Law in the Service of Man

Alliance for Justice between Israelis and Palestinians

Alrowwad Cultural and Arts Society

Arab Network for Knowledge about Human Rights (ANKH)

Applied Research Institute-Jerusalem

Aquarius Supervivienties

Arab Center for Agricultural Development

Arab Counseling Center for Education

Arab Lawyers Association (UK)

Asian Forum for Human Rights and Development (FORUM-ASIA)

Asociación Americana de Juristas

Association Belgo-palestinienne WB

Association des Universitaires pour le Respect du Droit International en
Palestine (AURDIP)

Association France Palestine Solidarité (AFPS) France

Association pour la promotion des droits humains

Association pour les jumelages entre les camps de réfugiés palestiniens et
les villes françaises

Bahrain Institute for Rights and Democracy

Balasan Initiative for Human Rights - Palestine

Banglar Manabadhikar Suraksha Mancha (MASUM)

BDS Korea

Belgian Academics and Artists for Palestine (BAA4P)

Bisan Center for Research and Development

Bizilur - Lankidetzarako eta Herrien Garapenerako Erakundea

Black Alliance For Peace

Campaign Against Arms Trade

Canadians for Justice and Peace in the Middle East

Center for Defense of Liberties & Civil Rights “HURRYYAT”

CIVICUS

CNE CSC

Coalition Burkinabè des Défenseurs des Droits Humains (CBDDH)

Coalition Togolaise des Défenseurs des Droits Humains (CTDDH)

Collectif Paix Palestine Israël [CPPI Saint-Denis]

Conectas Direitos Humanos

Cultura è libertà una campagna per la Palestina

Defence of Human Rights

Defend our Democracy

Democracy for the Arab World Now (DAWN)

Deutsch-Palästinensiche Gesellschaft (DPG) e.V.

Egyptian Front for Human Rights (EFHR)

Egyptian Initiative for Personal Rights (EIPR)

El Nadim Center against Violence and Torture

Ensemble! Mouvement pour une Alternative de Gauche Ecologiste et Solidare

Equal Education

European Coordination of Committees and Associations for Palestine - ECCP

Forum Palestine Citoyenneté

Fundación Mundubat

Gaza Action Ireland

Global Human Rights Group

Goringhaicona Khoi Khoin Indigenous Traditional Council

Housing and Land Rights Network - Habitat International Coalition

Human Rights and Democracy Media Center (SHAMS)

HuMENA for Human Rights and Civic Engagement

IBON International

Impact Malaysia

Impact4Good

Indian Association of Lawyers

Institute on Statelessness and Inclusion

International Indian Treaty Council (IITC)

International Organization for the Elimination of All Forms of Racial
Discrimination (EAFORD)

International Service for Human Rights (ISHR)

Jews for Palestinian Right of Return

Just Peace Advocates/Mouvement Pour Une Paix Juste

Justiça Global

Justitia Center for Legal Protection of Human Rights in Algeria

The Kurdish Human Rights Action Group (KHRAG)

Labor for Palestine

Law for Palestine

Libya Crimes Watch

L'union juive française pour la paix (UJFP)

Majal.org

Maldivian Democracy Network (MDN)

MENA Rights Group

Mining Affected Communities United in Action (MACUA-South Africa), Women
Affected by Mining United in Action (WAMUA- South Africa) & Youth Affected
by Mining United in Action (YAMUA- South Africa)

Namibia Diverse Women’s Association

National Lawyers Guild - Midwest Region

National Lawyers Guild - St. Louis Chapter

National Lawyers Guild International Committee

National Lawyers Guild Palestine Subcommittee

Network of the Independent Commission for Human Rights in North Africa

New Weapons Research Group (NWRG), Italy

Palestinian and Jewish Unity (PAJU)

Palestinian Centre for Human Rights (PCHR)

People’s Solidarity for Participatory Democracy (PSPD)

Platform of French NGOs for Palestine

Programme Against Custodial Torture & Impunity (PACTI)

Project on Organizing, Development, Education, and Research (PODER)

Promoting Empowerment Through Awareness for Lesbian and Bisexual Women
[PETAL]

Refugees in Libya

Rete Italiana Pace Disarmo

Samidoun Palestinian Prisoner Solidarity Network

Sexual Rights Initiative

SHOAA for Human Rights - شعاع لحقوق الإنسان

Sinai Foundation for Human Rights

Stop Fuelling War, Cessez d'alimenter la Guerre

Tamer institute for Community Education

The Civic Coalition for Jerusalem

The Community Action Center at Al-Quds University

The Palestine Institute for Public Diplomacy (PIPD)

The Regional Coalition for Women Human Rights Defenders in South West Asia
and North Africa (also known as WHRDMENA)

The Rights Forum

Union Juive Française pour la Paix (UJFP)

Union of Agricultural Work Committees (UAWC)

Vredesactie- Belgium

Women’s International League for Peace and Freedom (WILPF)

WomanHealth Philippines

Women in Black Vienna

Women’s Center for Legal Aid and Counselling

Women’s Library, West Bengal, India.

Worldwide Lawyers Association
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