Al-Haq Europe and SOMO Release Expert Legal Opinion by Dr. Irene Pietropaoli

Al-Haq Europe and SOMO – the Centre for Research on Multinational Corporations have jointly published an expert legal opinion by Dr. Irene Pietropaoli, focusing on the obligations of Third States and corporations in preventing and punishing genocide in Gaza. The legal study scrutinizes the legal implications of the International Court of Justice’s (ICJ) order in the case of South Africa v. Israel, specifically regarding the roles and responsibilities of Third States and corporations.

Key Findings and Recommendations

The expert legal opinion meticulously analyzes the obligations for Third States stemming from the ICJ’s order, particularly in relation to their trade and economic relations with Israel. It delves into the responsibilities of Third States concerning companies domiciled within their territories that engage in business activities with or in Israel. Furthermore, the study outlines the legal implications for corporations that have operations or business relationships with or in Israel.

Obligations of Third States

The study highlights that, following the ICJ Order and based on their obligations under the Genocide Convention and international humanitarian law, Third States must take immediate actions to ensure that their economic relationships with Israel and the activities of corporations domiciled in their territories do not breach their duty to prevent and not be complicit in genocide. Specific recommendations include:

• Imposing an arms embargo and ceasing the sale, transfer, and diversion of arms, munitions, parts, and other military equipment to Israel.
• Refraining from the export, sale, or transfer of jet fuel, surveillance technologies, and less-lethal weapons, including ‘dual-use’ items where there is a reason to suspect their use in the commission of genocide.
• Imposing further sanctions targeting Israeli entities, including arms companies and financial institutions involved in incitement of genocide.

Responsibilities of Corporations

The study underscores that corporations have responsibilities independent of their home states’ actions and regulations. Companies that sell weapons, arms, ammunition, technology, oil and fuel, intelligence, and other military supplies to the government of Israel must respect human rights and adhere to international humanitarian law and international criminal law, as recognized in the UN Guiding Principles on Business and Human Rights (UNGPs).

Prosecution and Prevention Measures

Dr. Pietropaoli’s opinion also calls on the prosecuting authorities of Third States to investigate and prosecute companies (where national laws allow) and corporate officials for their involvement in acts of genocide in Gaza. Moreover, home states of companies with operations or business relationships in Israel should engage with these companies at the earliest stage possible to help them identify and prevent the risk of their activities being linked to acts of genocide in Gaza.

The study further recommends that home states should deny access to public support and services for companies involved in gross human rights abuses, such as acts of genocide.

Conclusion

This publication by Al-Haq Europe and SOMO offers a thorough legal framework for understanding and addressing the responsibilities of Third States and corporations in preventing and punishing genocide in Gaza. It is an essential resource for policymakers, legal professionals, and human rights advocates who have a legal and moral duty to ensure accountability and justice in Palestine, especially in light of the unprecedented scale of atrocities and the ongoing genocide.

For further details, the full expert legal opinion by Dr. Irene Pietropaoli is available here – click