INTRO
Palestinian civil society has called for a military embargo against apartheid Israel since the founding of the BDS movement, and more explicitly since 2011. Ending military ties with Israel is not only a moral obligation. A comprehensive military embargo against a State guilty of illegal military occupation, apartheid, and “plausible genocide” is not a matter of discretion but a legal obligation under international law. Failing to impose it puts multilateralism and the rule of international law in danger at a critical time when the far-right is rising in the West and just with the fanatic US administration coming to power, exacerbating the damage caused to the credibility of international law by the current administration’s full partnership in Israel’s genocide.
We are witnessing an unprecedented horror, a live-streamed genocide against 2.3 Palestinians in the occupied Gaza Strip. The Israeli regime perpetrates atrocities and daily attacks against Palestinians also in the occupied West Bank. At the same time, in Lebanon, it has killed almost 3,800 people in a few weeks, until the November 26th ceasefire, and displaced 1.2 million. Israel has violated the ceasefire repeatedly.
Israel, including its military forces, arms industry, and research institutions, wouldn’t be able to commit these crimes and atrocities, maintain its illegal occupation and apartheid regime against the entire Palestinian people without weapons, ammunition, technology, joint academic research, and other military and dual-use material produced globally. The urgency of a military embargo has never been greater.
WHAT IS MILITARY EMBARGO?
According to international treaties such as the Arms Trade Treaty and other legal texts, there are three elements to an effective military embargo. States have an obligation not to sell weapons and dual-use items to Israel, not to buy Israeli weapons (thereby financing Israel’s war machine), and not to transit weapons to Israel through their territory. Academic collaboration in arms research that directly or indirectly enables Israel’s illegal occupation is also forbidden.
The military embargo is a moral obligation because Israeli forces are violating the most basic rights of Palestinians. It is a legal obligation as well, according to numerous international agreements. Primary among them are the two rulings of the International Court of Justice, from January 26th ordering Israel to cease actions which are plausibly acts of genocide, and from July 19th in its advisory opinion finding the occupation illegal.
Finally, a military embargo is a pragmatic and wise choice. States that fail to implement the military embargo and continue to sign contracts with Israeli arms companies will not be compensated if contracts remain unfulfilled because of the criminal liability of the Israeli arms companies and their business partners and because of the lack of capacity of Israeli companies to live up to their obligations as a result of the growing military embargo and the weakening Israeli economy (especially in the tech sector).
The obligation to implement a military embargo is first and foremost on the shoulders of states. Still, regional organizations such as the European Union and the OIC, as well as corporations and academic institutions, must end all military, security, and dual-use ties with Israel and its complicit institutions as well.
Six military trade agreements with Israel on notice
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