Legal Obligations of States and Private Entities under the Law of the Sea in the Transfer of Arms and Energy Supplies to Israel
Jurists for Palestine Forum – Season 3 – Panel Discussion (4)
Main Information: Transfer of Arms and Energy Supplies to Israel
- Date: Thursday, 10 April 2025.
- Time: 18:00 – 19:30 Palestine time and CET
- Location: Online via Zoom and Live on YouTube.
- Language: The webinar will be conducted in English. Simultaneous translation into Arabic will be available.
- Registration is required: You can register here.
Background:
Israel launched coordinated airstrikes on Gaza in the early hours of March 18, in violation of the ceasefire in place that killed at least 404 and wounded more than 560 people that day alone. This escalation is a continuation of the genocidal assault by Israel against the Palestinian people in Gaza. Since the end of the first phase of the ceasefire agreement on March 1, while negotiations for a new deal were ongoing, Israel has blocked humanitarian aid to Gaza, severely limiting access to water, food, fuel and medical supplies. Additionally, the escalating Israeli violence in the West Bank, including East Jerusalem, has also resulted in the death of 74 Palestinians since 21 January and the displacement of tens of thousands of people from Jenin, Tulkarm and Nur Shams refugee camps which have become almost deserted.
The risk of complicity by other actors in Israel’s violations in the oPt is outlined by the International Court of Justice’s (ICJ) recognizing genocide as a plausible risk in three preliminary measures orders. In Nicaragua v. Germany, the ICJ has also reminded states of their obligations regarding the supply of arms to parties in an armed conflict if there is a risk that the arms may be used in violation of international law norms. The International Criminal Court’s arrest warrants for Israeli leaders reiterate the violations of the Rome Statute and other international law norms. Further, the ICJ Advisory Opinion and UNGA resolutions have determined the unlawfulness of the Israel occupation.
Amid such developments, the sale and transfer of weapons and ammunition to Israel have persisted despite repeated calls, including from the UN Human Rights Council and independent experts to impose an arms embargo, citing the risk of complicity in serious violations of international human rights and humanitarian law. According to Stockholm International Peace Research Institute (SIPRI), the USA supplied the biggest share of Israel’s arms imports (66 per cent) in 2020–24, followed by Germany (33 per cent) and Italy (1.0 per cent). Israel was the 15th largest arms importer globally in 2020–24, down from 14th in 2015–19. Majority of the arms supplied to Israel that are being used against the Palestinian people are transported via the sea.
An investigation by Palestinian Youth Movement and Progressive International indicated that 1,185 shipments with military supplies worth more than 13,000 tonnes passed through Spain’s Algeciras route. The same investigation also pointed to millions of pounds (lb) of military goods shipped to the Israeli military from the United States, across more than 2,000 shipments from September 2023 to September 2024 by Maersk, a renowned Danish shipping company. Given the movement of ships across the world, the legal obligations on third states with territorial waters used by these arms supplying ships comes to the fore.
The well-established and widely respected body of rules governing maritime spaces and activities stems from the UN Convention on the Law of the Sea (UNCLOS). The BDS, in consultation with ASCOMARE Research Center, has coordinated a group of 11 law of the sea experts and researchers to issue a legal opinion examining states obligations under the law of the sea and customary international law regarding the passage of ships carrying weapons and energy supplies en route to Israel through the maritime space. The two main questions addressed in this opinion concern the rights and obligations of coastal states under the “innocent passage” regime and due diligence responsibilities of flag states. These obligations are not only determined by UNCLOS but the entire body of international rules which also includes the UN Arms Trade Treaty (ATT), the Geneva Convention, the Genocide Convention and the Apartheid Convention among others.
In light of this, Law for Palestine, in collaboration with ASCOMARE and The Independent Commission For Human Rights, is organizing a panel discussion to investigate the obligations on coastal states and flag states, under UNCLOS and other international law frameworks, in cases involving serious breaches of human rights or peremptory norms of international law.
Specifically, the following questions will be explored:
- What are the obligations on states with regards to shipments transferring arms and energy to Israel emanating from the UNCLOS and taking into consideration the ATT, ICJ Advisory Opinion (2024), and the ICJ Provisional Measures Orders?
- What are the obligations on corporations, including shipping operators, emanating from the International law treaties with regards to shipments transferring arms and energy to Israel?
- What legal steps can be taken to enforce these legal obligations nationally and internationally?
- What legal measures can the State of Palestine pursue to assert the protection offered by the law of the sea?
Speakers:
- George Katrougalos, UN Independent Expert on the promotion of a democratic and equitable international order, and Former Foreign Minister of Greece.
- Irene Pietropaoli, Senior Fellow in Business & Human Rights and Director of the Human Rights Due Diligence Forum, British Institute of International and Comparative Law (BIICL).
- Ana Sanchez, Global Energy Embargo for Palestine Campaign Coordinator.
- An expert in Law of the Sea: Representative from ASCOMARE.
Moderator:
- Mutaz Qafisheh, Chair of the Board of Trustees at Law for Palestine, Professor of International Law Hebron University College of Law and Political Science.
Transfer Arms and Energy Supplies Israel
To participate in this discussion, you need to register, click here
* The event will also be broadcast live on YouTube.
