UN Experts Say Arms Exports to Israel 'Must Cease Immediately'

Dozens of United Nations experts on Friday called for an immediate arms embargo on Israel and warned that countries and private companies still sending weapons to the Israeli military during its assault on Gaza could be complicit in crimes against humanity.

The experts—including special rapporteurs on education and the rights of displaced people—said in a joint statement that "any transfer of weapons or ammunition to Israel that would be used in Gaza is likely to violate international humanitarian law and must cease immediately."

"Such transfers are prohibited even if the exporting state does not intend the arms to be used in violation of the law—or does not know with certainty that they would be used in such a way—as long as there is a clear risk," they said. "State officials involved in arms exports may be individually criminally liable for aiding and abetting any war crimes, crimes against humanity, or acts of genocide."

The U.N. experts noted that the United States and Germany are "by far" Israel's largest arms suppliers, though France, the United Kingdom, Canada, and Australia also export weapons to the Israeli government, which the International Court of Justice (ICJ) ruled is plausibly committing genocide in the Gaza Strip.

The ICJ's interim ruling, which Israel has disregarded, has "heightened" the need for an arms embargo, the experts said, noting that compliance with the Genocide Convention of 1948 "requires states parties to employ all means reasonably available to them to prevent genocide in another state as far as possible."

The experts also said that "arms companies contributing to the production and transfer of arms to Israel and businesses investing in those companies bear their own responsibility to respect human rights, international humanitarian law and international criminal law."

"They have not publicly demonstrated the heightened human rights due diligence required of them and accordingly risk complicity in violations," they said.

"All states must not be complicit in international crimes through arms transfers. They must do their part to urgently end the unrelenting humanitarian catastrophe in Gaza."

The statement comes two weeks after a Dutch court ordered the Netherlands' government to stop exporting jet parts to Israel, citing the "clear risk" that the aircraft might be used to "commit serious violations of international humanitarian law." The government is appealing the ruling.

Other countries, including Italy and Spain, have said they have suspended arms sales to Israel since its latest assault on Gaza began—though a Spanish newspaper reported earlier this month that the country exported $1.1 million worth of ammunition to Israel in November.

The U.S., meanwhile, is reportedly planning to send additional weaponry to Israel and has refused to attach conditions to its arms exports even as top officials—including President Joe Biden—publicly voice concerns about the rising death toll in Gaza and Israel's looming ground invasion of Rafah, where more than half of the enclave's population is currently sheltering.

According to The Wall Street Journal, the latest proposed arms shipment "includes roughly a thousand each of MK-82 bombs, KMU-572 Joint Direct Attack Munitions that add precision guidance to bombs, and FMU-139 bomb fuses."

"The arms are estimated to be worth tens of millions of dollars," the Journal added. "The proposed delivery is still being reviewed internally by the administration, a U.S. official said, and the details of the proposal could change before the Biden administration notifies congressional committee leaders who would need to approve the transfer."

Israel has used U.S. weaponry to commit atrocities in the Gaza Strip, including airstrikes on homes full of children. An Amnesty International investigation released earlier this month found that a January 9 Israeli airstrike on a residential building in southern Gaza killed 18 civilians, including 10 children.

Based on ordnance fragments recovered from the rubble, the weapon used in the attack was identified as a GBU-39 Small Diameter Bomb—made by the U.S. company Boeing.

On Friday, Gaza's health ministry said that Israeli airstrikes killed more than 100 people over the past 24 hours and injured at least 160 more. Israeli strikes on the severely overcrowded city of Rafah on Thursday destroyed a mosque and several homes, killing or wounding many people and leaving others trapped under the rubble.

"International law does not enforce itself," the U.N. experts said Friday. "All states must not be complicit in international crimes through arms transfers. They must do their part to urgently end the unrelenting humanitarian catastrophe in Gaza."