🇮🇱🚫 Sanctions on Israel

What SHOULD be happening

Jan 05, 2024

June 1 2010: Jordanian students carry a banner during a rally in support of Turkey, in front of the University of Jordan in Amman, Jordan, after Monday's deadly commando raid by Israeli forces on ships taking humanitarian aid to the blockaded Gaza Strip. Poster reads 'Israel is above all laws, why can't anyone stop it' - Source: Fox News here

Introduction

There are number of clear sanctions that can be taken against Israel as any other country with the most obvious and immediate being an arms embargo.

The reasons why none of these have NOT been implemented to date are summarised elsewhere.

This article summarises how to sanction with examples as appropriate.

Introduction

The most obvious one is an arms embargo.

There are a few template documents that exist or approaches:

2022 Russian sanctions and bans in the wake of the Ukraine attacks
1982 UN General Assembly boycott motion in the wake of the US vetoing any further action on Israel for annexing the Golan Heights against a UNSC Resolution that the US actually supported.
2021 Australian Centre for International Justice response document to DFAT on the proposal for closer trade ties with Israel - pointing out breaches of international law and using the opportunity to propose the opposite; specific targeted sanctions.
Consumer Action: BDS - not that it should come to this, but in the absence of action by international governments, there is little left but for grassroots consumer action targeting Israeli products.

🇺🇳 5 Feb 1982: UN General Assembly Motion A/ES-9/7 - (non-binding) Boycott of Israel (in response to UNSC 497 non-compliance)

The Golan Heights were seized by Israeli post the 1967 War. Resolution 242 22 Nov 1967 called for the return for Israeli-occupied territories in return for peaceful relations. The territory had been occupied since.

On 14 December 1981 Israel - not using the term “annexation” - passed Golan Heights Law extending Israeli administration and law into the territory; annexation in all but name.

The UN declared Israel’s Law as null and void and demanded they rescind this in UNSC Resolution 497 on 17 December 1981. When Israel refused - a new resolution was defined at the UNSC to take action against Israel - which was of course vetoed by the US. 🇺🇸

As we see in the current crisis - the General Assembly uses the “Uniting for Peace” Charter article to take a non-binding vote in the GA in response to a yet again US 🇺🇸 US vetoed stalemate in the UNSC on matters of world peace. This happened in December 2023 and also in Feb 1982.

In 1982, in disgust at the US Vetoing any action against Israel’s ignorance of UNSC 497 to rescind its Golan Heights Law - the GA took matters into it’s own hands with a boycott vote on 5 Feb 1982 .

The vote was won 86 votes to 21. An interesting document listing out exactly how to boycott Israel.

UN General Assembly 9th Emergency Session 29 Jan - 5 Feb 1982; “ES-9/1. The situation in the occupied Arab territories“ here

Summary of the recommended actions:

Arms embargo - no supply to Israel
Arms embargo - no purchases from Israel
Sanctions - economic, financial and technical co-operation with Israel suspended
Sever of diplomatic, trade and cultural relations with Israel (Comment: I would be gutted to see Israel withdrawn from the Eurovision Song Contest, but that would be a necessity!)
Cease all dealings with Israel
Non-Member States; encourage compliance
Monitoring mechanism of all the above in the GA

At the follow-up 37th session A/RES/37_123 16 December 1982 as (16) above the GA doubled-down on its (non-binding) calls, but specified what Israel had NOT done. This reads like a case to expel Israel from the UN - due to repeated failures to comply with Charter at that point (16 Dec 1982).

For a full history of Israel’s breaches of international law & current investigations see article below:

Israeli Breaches of International Law

Sleekit Scotsman

December 30, 2023

Read full story

🇦🇺🇮🇱🚫 DFAT Response 2021: Targeted Sanctions Document

In 2021 the then Liberal Government Australian Department of Foreign Affairs and Trade (DFAT) sought submissions for a proposal to strengthen investment & potentially free-trade with Israel.

Amongst the responses was a joint document between The Australian Centre for International Justice and Palestinian NGOs.

Their response document outlined the breaches of international law perpetuated by Israel to date and in addition to of course rejecting the proposal to increase trade, recommended a specific list of actions to the Australian Government to ensure the enforcement of international law.

The 10 points are listed below - and can be read as a reference document for future sanctions on Israel and used as a model in the UN for other countries joining the action.

Interestingly, with the change in Government to Labor last year, some of the points were already being addressed in policy decisions prior to Oct 7.

📝 Download Report here: 🔗👉⬇️ ACIJ Response Document (DFAT website) - https://www.dfat.gov.au/sites/default/files/feasibility-study-israel-submissions-acij-and-phroc.pdf

Key Recommendations & Commentary

⚖️👩‍⚖️ 1 - ICC Investigation

The Australian Government support the investigation and prosecution of international crimes committed as part of the Situation in Palestine at the International Criminal Court - ICC and commit to fully cooperate with the Office of the Prosecutor of the ICC, in line with Australia’s international law and domestic legal obligations.

🇵🇸✅✈️🚢🚛 2 - Lift Gaza Blockade

The Australian Government condemn and demand that Israel immediately and unconditionally lifts its punitive and unlawful closure of the occupied Gaza Strip.

🇮🇱🏠🇵🇸🚫 3 - Settlements & Jerusalem Status

The Australian Government condemn Israel’s settlement enterprise and reverse its recognition of Annexed West Jerusalem as Israel’s capital, in line with Australia’s obligations under international law.

Comments:

Oct 2022: The new Labor Government dropped recognition of Jerusalem as Israel capital, rescinding Morrison's recognition in 20181.
Aug 2023: The Albanese Government began changing the language with respect to settlements from "Occupied Territories" to "Illegal"2

🇮🇱🚫 4 - Targeted Sanctions

The Australian Government impose targeted sanctions, including asset freezes against Israeli officials and entities involved in breaches of international humanitarian law and international human rights law and those credibly implicated in international crimes, including the crimes of apartheid and persecution.

Comment: As has been done with targeted sanctions on Russian individuals

🇮🇱🏛️💰 5 - Investments, Trade, JVs

The Australian Government undertake an extensive review of investments, trade agreements, cooperation schemes and programs with Israel and cancel those which contribute to breaches of international humanitarian law and which directly contribute to international crimes, including the commission of the crimes against humanity of apartheid and persecution.

Comment:

See BDS Australia campaign from 2020 for Industry Super Funds3
Local lobbying groups have continued to refer to BDS as an antisemitic organisation to delegitamise targeted consumer action in response to Israel State policy.

🇮🇱🏠🇵🇸🚫6 - Targeted ban settlement goods

The Australian Government enact legislation banning settlement goods from entering Australia’s marketplace.

🇮🇱🏠🇵🇸🚫👷🏻‍♂️ 7 - Settlement infrastructure investment

The Australian Government enact legislation preventing Australian companies, from operating, trading, or investing in settlements or contributing to their maintenance and/or expansion.

🇦🇺📢 8 - Advice to Australian Institutions on appropriate action

The Australian Government provide clear advice and direction to Australia’s Future Fund, Australian businesses, universities, pension funds, registered charities, and financial institutions to ensure they are not engaging in commercial or non-commercial activities related to Israel’s breaches of international law and egregious abuses of human rights and which directly contribute to the commission of international crimes, including the crimes against humanity of apartheid and persecution.

🇮🇱⚔️🚫 9 - Arms Embargo

The Australian Government impose an arms embargo on Israel.

Comment: ABC News 15 Nov 23 "Aus Defence Industry 'opaque' on exports to Israel; this needs transparency similar to the US where an official resigned specifically over this - the State Department section set up to review arms shipments did not apply scrutiny to Israel4.

🇦🇺🇮🇱🪖🚫10 - Suspend Defence Co-Operation

The Australian Government suspend defence cooperation with Israel and ends its facilitation of defence industry partnerships.

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🇮🇱🚫 Consumer Boycotts

With the lack of action to enforce international law by international bodies hampered by self-interest and influenced by the Israeli-lobby there is little option to sanction but for grassroots level consumer action such as Boycotting purchase of Israeli made goods or companies complicit in Israel’s documented breaches of international law.

Other actions are Disinvestment from Israeli companies and broader Sanction on Israel (as would be expected of international governments through bodies as above).

BDS = Boycott, Disinvestment, Sanction

The prominent organisations for BDS is:

BDS Movement (Global)
BDS Australia (local branch)

Disinvestment approach - removing investment in Israeli companies (in particular weapons related companies). Assuming a list of such companies;

consumer: ask your SuperFund if they invest in these companies and if so, move your money elsewhere (active campaign by BDS Australia right now)
institutionally: apply sanctions at the international embargo level, as is applied for certain Chinese, Russian companies enforced by global sanctions market data from Financial Services companies as blocks to trading by global institutions. This would prevent superfunds for example from investing.

On Boycotting - This is simply be choosing to seek alternative products to those produced from a small number of larger companies complicit in Israel’s documented violation of international law - a valid approach as it would be for any cause (“Boycott”).

Despite this - which is common sense - predictably pro-Israeli organisations worldwide (including in Australia) unsurprisingly adopt a policy of calling out BDS as antisemitic. There is defaming and characterisation of the organisers as being antisemitic.

This is irrelevant - the action of boycotting itself is NOT antisemitic.

Indeed a 2020 Nexus Task Force definition by a group of 100 prominent US Jewish leaders advising President Joe Biden’s Antisemitism policy states5:

Boycotting goods made in the West Bank and/or Israel is not antisemitic unless it specifically singles out Israel because of its Jewish character.

Therefore the BDS movement is a valid consumer approach in the absence of action by those who should be sanctioning Israel at a country level.

Article specifically on BDS here: