24/02/2024
'ARMING ISRAEL IS ILLEGAL': TOP U.N. BODY
STATES WHICH SUPPLY weapons or ammunition to Israel for use in Gaza are breaking international laws and treaties, a top United Nations body said on Friday—and must stop immediately.
“States must accordingly refrain from transferring any weapon or ammunition – or parts for them – if it is expected, given the facts or past patterns of behaviour, that they would be used to violate international law,” said the Special Procedures group of the Human Rights Council.
Such weapons transfers violate the 1949 Geneva Conventions, customary international law, and a number of other treaties, said the body, which consists of a large number of legal specialists from multiple countries.
PROBLEM FOR ‘GLOBAL WEST’
The UN group’s statement is a problem for the United States and Germany, both of which supply large amounts of weaponry which have been used in Gaza—and both of which have increased exports to Israel since the attack by Hamas which killed about 1,200 people on October 7 last year.
Other nations exporting arms to Israel are France, the United Kingdom, Canada and Australia.
CRACKS IN UNITY
Although the group of nations supplying weapons used to kill Gaza citizens closely matches the list of nations known as “the global west”, there are cracks in the unity.
Belgium, Italy, Spain, the Netherlands and the Japanese have backed away from exporting weapons to Israel – which responded to the October 7 attack with a program of destruction in which close to 100,000 people are believed to have been killed or maimed.
Palestinian records say 29,313 people in Gaza have been killed and 69,333 injured, the majority being women and children.
OTHER VIOLATIONS
The US and fellow suppliers of weapons are violating other laws too. The UN group noted that states which are parties to the Arms Trade Treaty have additional treaty obligations to deny arms exports if they “know” that the arms “would” be used to commit international crimes; or if there is an “overriding risk” that the arms transferred “could” be used to commit serious violations of international humanitarian law.
European Union member states are further bound by EU arms export control law, it added.
ARMS EXPORTS ‘MUST BE HALTED’
“The need for an arms embargo on Israel is heightened by the International Court of Justice’s ruling on 26 January 2024 that there is a plausible risk of genocide in Gaza and the continuing serious harm to civilians since then,” the Special Procedures group said.
The Genocide Convention of 1948 requires States’ parties to employ all means reasonably available to them to prevent genocide in another state as far as possible. “This necessitates halting arms exports in the present circumstances,” the experts said.
'IGNORANCE' NO EXCUSE
Nations supplying weapons to Israel cannot plead ignorance of the ultimate use of the weapons, the group added.
“Such transfers are prohibited even if the exporting State does not intend the arms to be used in violation of the law – or does not know with certainty that they would be used in such a way – as long as there is a clear risk,” it said in a statement.
While the statement from the Special Procedures group of the Human Rights Council is clear and unequivocal, it is unclear how much affect it will have. The United States and its main allies routinely ignore findings that they are violating international law.