The Importance of International Humanitarian Law in Arms Transfers
In a recent statement, UN experts have warned that any transfer of weapons or ammunition to Israel that could be used in Gaza is likely to violate international humanitarian law and must cease immediately. The experts emphasized the importance of respecting international humanitarian law by all states involved in arms transfers, as required by the 1949 Geneva Conventions and customary international law.
Prohibited Transfers
According to the experts, states must refrain from transferring any weapon or ammunition, or parts for them, if there is a clear risk that they would be used to violate international law. This prohibition applies even if the exporting state does not intend for the arms to be used unlawfully, as long as there is a clear risk of such use based on past behavior or facts.
Recent Legal Actions
The experts welcomed a recent decision by a Dutch appeals court ordering the Netherlands to halt the export of F-35 fighter jet parts to Israel. The court found that there was a clear risk that the parts could be used to commit serious violations of international humanitarian law, citing past violations by Israel as evidence.
Arms Trade Treaty Obligations
States party to the Arms Trade Treaty have additional 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 of serious violations of international humanitarian law. EU member states are also bound by the bloc’s arms export control laws, further emphasizing the need for compliance with international legal standards.
Arms Embargo on Israel
The experts highlighted the need for an arms embargo on Israel in light of a recent ruling by the International Court of Justice that identified a plausible risk of genocide in Gaza. The Genocide Convention of 1948 requires states parties to take all reasonable measures to prevent genocide in another state, including halting arms exports in certain circumstances.
International Response
Several countries and entities have already taken steps to suspend arms transfers to Israel, including Belgium, Italy, Spain, the Netherlands, and the Japanese company Itochu Corp. The EU has also discouraged arms exports to Israel, and the experts urged other states to follow suit by immediately halting arms transfers, including export licenses and military aid.
Legal Accountability
The experts emphasized that state officials involved in arms exports may be individually criminally liable for aiding and abetting war crimes, crimes against humanity, or acts of genocide. They also noted that arms transfers to Hamas and other armed groups are prohibited under international law due to their grave violations of international humanitarian law during past conflicts.
Conclusion
In conclusion, the transfer of weapons and ammunition must be conducted in accordance with international humanitarian law to prevent violations and protect civilian populations in conflict zones. States have a legal obligation to ensure that arms exports do not contribute to unlawful acts and must take immediate action to halt transfers that pose a risk of serious violations of international law. By upholding these legal standards, states can contribute to peace and security in conflict-affected regions.