Geneva, In a critical statement issued today, United Nations experts have urgently called for an immediate cessation of all transfers of weapons and ammunition to Israel, highlighting a likely violation of international humanitarian law due to their use in Gaza. This announcement comes in the wake of a Dutch appeals court’s decision on February 12, 2024, to stop the export of F-35 fighter jet parts to Israel, citing a “clear risk” of their use in committing serious violations of international humanitarian law.
According to Office of the High Commissioner for Human Rights, the experts emphasized that all states must uphold their obligations under the 1949 Geneva Conventions and customary international law to ensure respect for international humanitarian law by parties to an armed conflict. This includes refraining from transferring any weapons, ammunition, or parts if there is a clear risk they would be used to violate international law. The experts highlighted that such transfers are prohibited, regardless of the exporting state’s intention or certainty regarding the use of arms in violation of the law.
The Dutch court’s decision was based on extensive civilian casualties in Gaza, including thousands of children, the destruction of civilian homes, hospitals, schools, and religious buildings, and evidence of the use of imprecise “dumb bombs,” deliberate, disproportionate, and indiscriminate attacks by Israel. With over 29,313 Palestinians killed and 69,333 injured since October 7, 2023, the experts reiterated Israel’s repeated failures to comply with international law.
The experts also noted that States Parties to the Arms Trade Treaty have additional obligations to deny arms exports if they know the arms would be used to commit international crimes, or if there is an overriding risk of serious violations of international humanitarian law. The call for an arms embargo on Israel is further strengthened by the International Court of Justice’s ruling on January 26, 2024, which recognized a plausible risk of genocide in Gaza.
The statement acknowledged the suspension of arms transfers to Israel by Belgium, Italy, Spain, the Netherlands, and the Japanese company Itochu Corporation, and the European Union’s recent discouragement of arms exports to Israel. However, the experts urged other states, including major arms exporters like the United States and Germany, to immediately halt arms transfers to Israel, emphasizing that arms transfers to Hamas and other armed groups are also prohibited by international law.
The experts concluded by stressing the responsibility of all states to prevent and stop violations of international humanitarian law by Israel and highlighted the potential criminal liability of state officials involved in arms exports for aiding and abetting war crimes, crimes against humanity, or acts of genocide. They called on all states to take concrete actions to end the humanitarian catastrophe in Gaza and fulfill their duty to ensure respect for international law.