On Friday, the UN Human Rights Office of the High Commissioner (HROHC) released a report warning nations about exporting arms or ammunition to Israel, stating such actions might breach international humanitarian law. This warning specifically pertains to potential violations of the Geneva Conventions – specifically in reference to Israel’s reported failure to uphold international law in Gaza.
The report urges that states must refrain from arms transfer if there’s a clear expectation – based on factual evidence and Israel’s historical approach – that these could be used to violate international law. It specifies this holds true irrespective of whether the exporting nation can confirm with certainty whether the arms would be used unlawfully, adding that the stipulation applies when there is a “clear risk.”
The report levels allegations at Israel for repeatedly contravening the Geneva Conventions and international law, concluding there is a “clear risk” that Israel could use imported arms in violation of the convention. It highlights the need for possible arms embargo.
The report hooks to the recent International Court of Justice (ICJ) verdicts in January and February concerning the case between South Africa and Israel. It suggests a “plausible risk of genocide” to citizens in Gaza.
As cited in the report, Article 1 of the Geneva Conventions 1949 outlines a positive and negative obligation for states, specifying they must not “aid or assist in violations of the Conventions” and must do everything reasonable in their power to put a stop to such violations.
The report also refers to EU treaties and laws that could potentially prohibit arms export to Israel. The principles laid out in Arms Trade Treaty prevent EU countries from exporting weapons if they know these could be used in violation of international laws. Additionally, the report references the EU arms export control law that aims to prevent the export of military technology and equipment that could potentially be used for internal repression, international aggression, or contribute to regional instability.
The ICJ has urged Israel to implement provisional measures to prevent the genocide of Palestinians in Gaza. An immediate ceasefire has been demanded by many leaders, countries, and human rights groups, alarmed by the ground invasion of Gaza. According to estimations, the death toll has reached around 29,000 people, while fears are increasing around a potential ground raid on Rafah where two-thirds of Gaza’s population is sheltered currently.