Preparatory material | Legal Obligations on States and Private Entities under the International Law of the Sea regarding Transfer of Arms and Energy Supplies to Israel

Jurists for Palestine Forum – Season 3 – Panel Discussion (4)

This summary was prepared by: Assalah Mansour, Shireen Mikkawi

Reviewed by Nourhan Fahmy

This document presents a concise summary of four legal articles addressing the responsibilities of states and corporations under international law, particularly in the context of the ongoing genocide in Gaza. The articles explore state obligations regarding vessel control and the interruption of maritime passage in cases of international crimes, the legal implications of arms and energy transfers to Israel, and the duty of Third States and corporations to prevent and punish genocide. Additionally, the document includes a summary of the United Nations Guiding Principles on Business and Human Rights (UNGPs), which outline the global framework for state and corporate accountability in preventing human rights abuses and ensuring access to effective remedies.

Summary:

• The first legal opinion we summarized examines the rights and obligations of States concerning vessels flying their flag or operating in their waters, particularly in cases of human rights violations or breaches of peremptory norms of international law. It focuses on the authority of coastal States to suspend or interrupt innocent passage when such violations occur and the due diligence obligations of flag States to exercise effective control over their vessels to prevent involvement in international crimes, such as genocide or apartheid.
• The second article we summarized is written by Vladyslav Lanovoy and examines the legal framework surrounding arms and energy transfers to Israel. It focuses on the responsibilities of states and private entities under international law and highlights legal risks following recent judicial developments, such as the ICJ’s orders in South Africa v. Israel and the Nicaragua v. Germany case, which challenge arms exports due to potential violations of the Genocide Convention and international humanitarian law. The discussion covers obligations under treaties like the Arms Trade Treaty (ATT), the Geneva Conventions, and the Articles on State Responsibility, emphasizing the duty to prevent complicity in unlawful acts. It also explores domestic legal challenges in various countries, corporate liability for aiding human rights violations, and the evolving legal and policy landscape governing arms exports to Israel.
• The third article discusses the legal obligations of Third States and corporations in preventing and punishing genocide in Gaza, based on an expert legal opinion by Dr. Irene Pietropaoli. It examines the ICJ’s order in the South Africa v. Israel case and its implications.
• The fourth summarizes the United Nations Guiding Principles on Business and Human Rights (UNGPs), which outline the responsibilities of both states and businesses in respecting human rights. The principles are based on three key pillars: 1-The State Duty to Protect Human Rights 2- The Corporate Responsibility to Respect Human Rights 3- Access to Remedy. The UNGPs emphasize policy coherence, corporate accountability, and remediation to create a global standard for human rights protection in business operations.

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