Event Guide and Resources– Arming the War in Israel-Palestine: Legal Considerations (January 16, 2024)

On January 16, 2024, the Forum on the Arms Trade and the Arms Trade Litigation Monitor co-organized an event focused on legal challenges and approaches to arming the war in Israel-Palestine, framed within the broader context of increased litigation around arms transfers in recent years.
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​Video of the event is available at https://youtu.be/_o2T7TD0v5s?t=65s

A guide to the recording, and suggested resources are below:

2:04 Welcome and event framing - Dr. Valentina Azarova, co-founder, Emergent Justice Collective; co-creator, Arms Trade Litigation Monitor; part of Feminist Autonomous Centre for research (FAC research)

• Arms Trade Litigation Monitor
• Domestic proceedings and international arms transfers, ATT Expert Group report 2021

6:24 Understanding Genocide Convention and the legal case and possible next steps regarding case filed by South Africa at the International Court of Justice – Dr. Shahd Hammouri, Lecturer in International Law, University of Kent; non-resident Fellow, Al Haq Centre for Applied International Law 

• Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel)
• Discussion of earlier 2004 ICJ Advisory Opinion, and pending ICJ Advisory Opinion on legality of occupation as a whole being heard in Feb
• Listen also for discussion of possible steps at General Assembly, states responsibilities, enabling other litigation related to states and corporations

14:04 Continued discussion of genocide, and case filed in the United States - Katherine Gallagher, Senior Staff Attorney, Center for Constitutional Rights

• Defense for Children International - Palestine v. Biden, with witness-based hearing and legal argument on January 26, 9am PST (livestream)
• Listen also for concerns about specific weapons and ongoing provision of them

23:26 Transition to discussion about domestic efforts in Netherlands and United States

24:06 Challenge in the Netherlands related to F-35s - Frank Slijper, Arms Trade Project lead, PAX 

• Lawsuit against F-35s
• Listen also for discussion of general licenses

32:24 U.S. Law and the Obstacles to Courts Taking Up Arms Issues - John Ramming Chappell, Advocacy & Legal Fellow, U.S. Program, Center for Civilians in Conflict

• Law and Policy Guide to US Arms Transfers to Israel
• Listen also for primary role of the President/Executive power in arms issues

40:48 Transition to additional cases and trends

42:00 Shahd Hammouri on pushing legal framework forward

• Discussion of case in Australia; Norway- examining corporations; Italy- examining civil suit; Inter American Commission on Human Rights 

47:42 Katherine Gallagher

• Further discussion on presidential authority and expected arguments in U.S. case, and possible liability of corporations (additional note: the Alien Tort Statute as an option for cases against US corporations)
• Mention of declarations filed in legal case, including by former US official Josh Paul (see Dec 22, 2023)

56:09 Beginning of Q&A 

57:19 Question on could there be a case in the UK and EU states to stop arms export licences (for equipment that could be used in Gaza) under Criterion 1 (in the new UK criteria and the EU CP), which relates to states' international obligations? The Genocide Convention and ICJ rulings are not specifically listed, but both do mention "other international obligations". 

• 59:20 Shahid Hammouri replies on ability of civil society to engage, and agrees that states will have duty not to cooperate in providing arms to Israel. Further elaboration on advisory opinion that could come from February case related to occupation.

1:03:01 Further questions on U.S. case, treaty obligations, and other activities in the United States 

• 1:03:56 Katherine Gallagher replies on the weight of treaty obligations, and international legal order. Also discusses anti-boycott developments.
• 1:08:04 John Ramming Chappel discusses legislative efforts (Sanders, Van Hollen, Kaine) and other U.S. developments - See Forum resource page,  S.Res.504 (as well as 502B explainer from CIVIC) 

1:11:20 Questions on Dutch case, EU Common position review, updating risk assessment, investors and companies

• 1:12:20 Frank Slijper replies, including on limitation of the term “encouragement,” as well as general licenses falling outside needed review

The Forum on the Arms Trade provides a platform for expert views but does not itself take positions.

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