Webinar Highlights Legal Risks for States and Corporations over Maritime Transfers of Arms and Energy to Israel Amid Genocide

On 9 April 2025 Law for Palestine in collaboration with the Independent Commission for Human Rights – Palestine (ICHR) and Associazione di Consulenza Diritto Del Mare (ASCOMARE) hosted an online webinar via Zoom and streamed live on YouTube titled “Legal Obligations on States and Private Entities under the International Law of the Sea regarding Transfer of Arms and Energy Supplies to Israel.”.

The webinar, the fourth in Season 3 of the Jurists for Palestine Forum, explored the legal responsibilities of states and private actors under the international law of the sea in relation to arms and energy transfers to Israel. It provided critical insights into how international legal frameworks—particularly the United Nations Conventions on the Law of the Sea (UNCLOS), the Genocide Convention, and the Arms Trade Treaty—can be used to hold both governments and corporations accountable for their complicity in ongoing violations against Palestinians.

The panel unpacked how maritime routes facilitate arms and energy flows that sustain Israel’s settler-colonial project, illegal occupation, and acts of genocide, emphasizing the legal tools available to disrupt this infrastructure. Discussions highlighted obligations of flag states, the right of coastal states to block passage of complicit vessels, the accountability of energy corporations, and the mounting legal challenges against arms exports to Israel. The role of international solidarity and civil society in pressuring states to uphold international law was also emphasized.

Moderated by Mutaz Qafisheh (Professor of International law at Hebron University, Palestine), the event featured four distinguished experts: Irene Pietropaoli (Director of Human Rights Due Diligence Forum at the British Institute of International and Comparative Law (BIICL), Pierandrea Leucci (President of ASCOMARE “International Law of the Sea Association”),  Ana Sanchez (Global Coordinator of the Global Energy Embargo Campaign for Palestine), and George Katrougalos (United Nations Independent Expert on the Promotion of Democratic and Equitable International Order).

Irene Pietropaoile on the Legal Implications of Genocide, Occupation, and Corporate Complicity

Pietropaoile focused on three key legal dimensions of the situation in Gaza: the ICJ’s provisional measures on genocide, its advisory opinion on Israel’s occupation, and the accountability of corporations supplying arms to Israel. She began by highlighting that the ICJ’s finding of a serious risk of genocide triggers legal obligations for third states and corporations under the Genocide Convention, not only to refrain from complicity, but also to prevent genocide. This duty, she noted, also extends to corporate executives who can be liable for aiding genocide r abetting genocide, war crimes, or crimes against humanity, especially through arms sales or military technology supply.

Arms and related supplies that assist Israel’s military occupation or enable the commission of violation in the occupied territory constitutes also ‘aid or assistance’ in maintaining an unlawful situation.

She also underscored the ICJ’s advisory opinion on the illegality of Israel’s prolonged occupation, noting that it reinforces the duty of states not to assist in maintaining unlawful situations, particularly those violating Palestinians’ right to self-determination. Pietropaoile pointed out that arms shipments or military support enabling the occupation could constitute illegal assistance, and referenced countries like Ireland beginning to align their policies accordingly.

Lastly, she elaborated on the independent responsibilities of corporations under international human rights frameworks, particularly the UN Guiding Principles on Business and Human Rights. She emphasised that companies operating in conflict zones must carry out heightened due diligence on both human rights and conflict dynamics. Where they cannot mitigate harm—such as when dealing with Israeli state-owned arms enterprises—they are expected to cut ties. Pietropaoile concluded by referencing ongoing legal actions in the UK, Netherlands, Denmark, and Canada, challenging arms exports to Israel, emphasizing growing legal scrutiny at the domestic level.

Pierandrea Leucci on the Legal Duties of States Under the Law of the Sea

Pierandrea Leucci, opened his remarks by presenting key findings from a recent legal opinion commissioned by the Palestinian BDS National Committee on states’ obligations under the Law of the Sea. He explained that the study, drafted by a team of legal experts, focused on two main issues: the right of coastal states to suspend the passage of vessels in their territorial waters, and the responsibilities of flag states over their ships.

He emphasized that coastal states not only have the right—but in some cases the obligation—to block vessels carrying arms or equipment linked to violations of international norms, including genocide and apartheid and peremptory norms of international law. The obligation of coastal states may extend in some cases to taking appropriate enforcement measures against foreign vessels in the territorial sea when this passage is inconsistent with the international legal obligations binding upon that state. He also highlighted the duty of flag states to exercise control and ensure their vessels comply with international law, particularly under UNCLOS and the Arms Trade Treaty and clarified that this duty is rooted in the due diligence obligations, which require the state to take proactive action: legislative, administrative, enforcement action, to ensure compliance. 

Leucci concluded his remarks by stressing the customary nature of these rules and called for further research into enforcement mechanisms beyond territorial waters including, for example, in the exclusive economic zones, identifying the jurisdictions and powers of the port state, and the regime of international straits. 

Ana Sanchez on the Global Energy Embargo Campaign

In her remarks Anna Sanchez, stressed that energy is not a neutral commodity in Palestine. The campaign, she explained, calls on states and companies to halt all energy imports and exports to Israel, emphasizing energys’ in sustaining settler colonialism, illegal occupation, apartheid, and genocide She outlined how Israel systematically uses energy as a tool of oppression—blocking access in Gaza, restricting infrastructure in the West Bank, and integrating illegal settlements into its grid. Sanchez noted that Human Rights Watch and other bodies have described the deliberate denial of energy as a genocidal act.

Sánchez emphasised that much of this energy is transported by sea, making ports and shipping logistics integral to the infrastructure supporting the genocide

Moving to global complicity, she named key suppliers—including the U.S., Russia, Azerbaijan, and Nigeria—whose oil, coal, and jet fuel both Israel’s military and the climate crisis. Sánchez emphasised that much of this energy is transported by sea, making ports and shipping logistics integral to the infrastructure supporting the genocide.

Referencing the No Harbours for Genocide campaign, which targets vessels, ports, operators, and insurers complicit in arms and energy transfers, Sanchez concluded by calling for systemic change: bans on specific ships, trade transparency, and civil society pressure to hold governments accountable. On a hopeful note, she declared, “We have the energy to stop this genocide, and we will do it collectively.”

George Katrougalos on International Solidarity and the Crisis of International Law

In his address, Katrougalos, offered a powerful critique of the current state of international law. Framing his remarks through the lens of his UN mandate, Katrougalos emphasized the paradox of having an advanced legal framework coexisting with impunity—particularly for powerful states like Israel and the U.S—. He highlighted how the system has failed to hold such states accountable, despite decades of legal development by the Global South to promote equity, self-determination, and economic justice.

Tracing international law’s evolution from colonial legacies to current, He noted how efforts by the Global South—such as the UN Convention on the Law of the Sea (UNCLOS) and declarations for a New International Economic Order—were diluted under pressure from dominant Western powers. He pointed out that despite progress, international law remains fragmented and inconsistently applied, especially in cases like Israel’s occupation of Palestine, which was confirmed as such by the ICJ Advisory Opinion which he described as a “a watershed moment” that must be exploited. This advisory opinion along with a September 2024 General Assembly resolution detail the specific obligations now placed on states: banning imports from Israeli settlements, halting arms transfers, and ceasing any support that maintains the occupation. 

Katrougalos also stressed the role of civil society in enforcing international norms, arguing that legal rulings require grassroots mobilization to be effective. Drawing parallels to historical movements like the Vietnam anti-war protests, he urged solidarity among trade unions, human rights defenders, and ordinary people, arguing that the “diplomacy of peoples” can influence global policy over time. He concluded by underscoring that the Palestinian cause is not isolated, but can be seen instead as a mirror reflecting the global struggle for justice, freedom, and the integrity of international law.

Conclusion Maritime Transfers Arms Energy Genocide

The panel discussion pointed towards clear obligations on states and corporations stemming from the law of the sea, international human rights law and international law more broadly. It concluded with a somber admission of the current reality of international law, which reflects a “global crisis of democracy” as Ana Sanchez described it. The current genocide gives rise to many questions for international lawyers, legislators and organizations on how to address the shortcomings of the current framework and to develop new tools and mechanisms to address future international crises. The experts further called for the mobilization of communities to pressure states to enforce sanctions against Israel. Maritime Transfers Arms Energy Genocide

* To read the full transcript of this webinar, click here