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The Journal
3 days ago
- Politics
- The Journal
Legality vs Reality: Could Western leaders face consequences for complicity in genocide?
LAST WEEK THE Irish government was accused of being 'complicit in Israel's genocide' in a High Court case taken by The Ditch, Uplift and surgeon Ahmed El Mokhallalati. The case argues that Ireland is violating international law by not inspecting flights reportedly carrying arms to Israel that have passed through Irish airspace during its war on the Gaza Strip in Palestine. The case was the latest example of a state being accused of complicity in the gravest of crimes because of its alleged facilitation of Israel's campaign, which has killed more than 60,000 people since October 2023. The European Union's former chief diplomat Josep Borrell issued a stark warning to the European Commission and member state leaders recently about the consequences of supporting Israel. 'Those who do not act to stop this genocide and these violations of international law, even though they have the power to do so, are complicit in them,' Borrell wrote in an article in The Guardian newspaper . European foreign ministers failed to agree to any sanctions against Israel last month , even though it had been found to have breached the human rights clauses of an association agreement with the bloc. There has been some movement from individual member states allied to Israel this week, though. In response to Israel's plan to take over Gaza City, Germany, one of Israel's largest weapons suppliers, suspended the sale of arms that could be used in Gaza until further notice. And last month the UK House of Commons was the scene of a striking exchange between Conservative MP Kit Malthouse and Foreign Secretary David Lammy. Malthouse asked if Lammy could not see the potential 'that he may end up at The Hague because of his inaction,' in relation to halting the supply of arms to Israel. Lammy dismissed the question as 'unbecoming'. Against the backdrop of global outrage at Israel's conduct in Gaza, its allies in Europe and North America have remained largely steadfast in their support for almost two years, both materially and diplomatically. Complicity is a crime punishable under Article III (e) of the Convention on the Prevention and Punishment of the Crime of Genocide , most often referred to as the Genocide Convention. So what risks do supportive states and government officials face if Israel is found guilty of genocide in the case taken against it by South Africa at the International Court of Justice (ICJ), and what form could the consequences take, if any? The words Lammy to The Hague projected onto the UK House of Parliament by Palestinian Youth Movement on 3 August, 2025. Alamy Stock Photo Alamy Stock Photo According to international law experts who spoke to The Journal, powerful Western countries and their leaders could, at least in theory, find themselves facing charges in The Hague. 'If Israel is found to have violated the Genocide Convention by a competent court, it is possible that third states might themselves face liability or be deemed responsible under international law for related violations,' said Michael Becker, assistant professor of international humanitarian law at Trinity College Dublin. But for John Reynolds, associate professor of law at Maynooth University, the inherent flaws and historical power imbalances in the international legal system mean states and their leaders are unlikely to face real consequences. Advertisement 'Hopefully it's not going to deteriorate further. But if it does, I suppose we're into new territory, and if circumstances evolve in a certain way, for sure it's legally possible,' Reynolds said. But whether it is politically possible is another matter. A mounting case The conclusion that Israel is committing genocide against the Palestinian people in Gaza has been reached by some of the world's most eminent scholars who study the crime of crimes. An essay published in the New York Times on 15 July by Israeli genocide and Holocaust scholar Omer Bartov was a recent, high-profile example. 'I'm a genocide scholar. I know it when I see it,' the headline read . Since then, Israeli human rights NGO B'Tselem has come to the same conclusion. Amnesty International and Human Rights Watch had already reached the same verdict within months of Israel's retaliation for the Hamas-led attack against it, in which almost 1,200 people were killed and roughly 250 were taken hostage. Uplift's Brian Cuthbert and Saoirse McHugh and The Ditch's Roman Shortall, Paulie Doyle and Eoghan McNeill outside the Four Courts in Dublin. Uplift Uplift On top of the South African case at the ICJ, in which Ireland has formally intervened, the International Criminal Court (ICC) has issued warrants for the arrest of Prime Minister Benjamin Netanyahu and his former defence minister Yoav Gallant. It also issued warrants for Hamas leaders for their alleged crimes during the attack against Israel, all three of whom are now dead. In a less publicised ICJ case, Nicaragua has accused Germany of complicity in genocide through its material support for Israel. Israeli leaders and their supporters have rejected all of these accusations and described them as antisemitic, and even 'Holocaust inversion'. Alamy Stock Photo Alamy Stock Photo What does the law say? As Becker outlined, if the ICJ determines that Israel has committed violations of the Genocide Convention, a possible outcome of South Africa's case, 'it would then be possible to find that another state that has provided arms to Israel (if such arms were used to commit or facilitate genocidal acts) has violated international law'. 'As a legal matter, there is some debate about whether complicity requires weapons to have been provided with both the knowledge that they will be used to commit genocide and the intent that they be used for that purpose,' Becker said. 'The better view, however, is that full knowledge that the weapons will be used to perpetrate genocide is sufficient.' A different legal argument, he said, could focus on the obligation of states to prevent genocide, which is the duty of all signatories to the Convention. 'The question will be at what point did the state know, or at what point should the state have known, that weapons or bombs would likely be used in ways that violate international humanitarian law,' Becker said. He also noted that this is not to say that suspending arms supplies prior to a finding of genocide, or other violations of international law, would absolve a state of complicity. Related Reads Germany to halt some arms exports to Israel as international condemnation of Gaza plan mounts 'No more futile war': Hostage families fear the worst as Israel expands Gaza occupation ICC prosecutor Karim Khan, who is currently on leave pending the result of a sexual misconduct investigation. Alamy Stock Photo Alamy Stock Photo The ICJ deals with disputes between states, while the ICC is responsible for prosecuting individuals. So, when Malthouse referred to the 'personal' risk to Foreign Secretary Lammy, he was referring to the potential for prosecution in the ICC. Reynolds said that it is 'theoretically' possible that UK Prime Minister Keir Starmer and David Lammy could be prosecuted in the ICC. 'It's also possible for Joe Biden or Donald Trump or others in other countries as well. But it's practically very unlikely, because the way these ICC prosecutions go is by trying to target the most senior people involved at the most direct level of the commissions of the crimes. 'So in the case of Gaza, that would be the most senior people in the Israeli government and Israeli military.' Legality vs reality International law may sit atop the global legal order in theory but political realities have historically imposed informal limits on its efficacy. See the long list of African generals and warlords indicted by the ICC, and the absence of – for example – US and UK leaders who presided over a war of aggression in Iraq. The ICC will have to calculate the risks and rewards associated with taking on some of the most powerful world leaders, Reynolds explained. He said it would have to weigh the likelihood of success against the length and cost of such proceedings, as well as the potential impact of any rulings that might be handed down. Children crowd to receive a hot meal at a food distribution point in Gaza City in July 2025. Alamy Stock Photo Alamy Stock Photo Because there is no police force available to courts like the ICJ and ICC, they rely on states to implement their decisions, and their rulings are more likely to be cited in cases brought against governments and state officials in domestic courts, which do have enforcement powers. Still, Reynolds did note that few international legal scholars, lawyers and other experts would have predicted that an Israeli prime minister would be the subject of an ICC arrest warrant. At the same time though, the court has already faced consequences for its decision. The US – which does not recognise the ICC – has sanctioned its lead prosecutor and a number of judges on the court, while some states in Europe ( Hungary and Germany ) have simply ignored the court's authority despite being signatories to it. The issue of state complicity, Becker said, 'is distinct from questions relating to the potential criminal prosecution of state officials in those states that have provided support to Israel'. 'In principle, the ICC could seek to do so if certain additional conditions were met. In reality, however, it is extremely unlikely that the ICC would choose to allocate its resources to such a prosecution. 'In democratic states, the better remedy may be the ballot box.' Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
29-07-2025
- Politics
- The Journal
Government accused in High Court of breaching international law over Israeli weapon 'flyovers'
A HIGH COURT case has accused the Government of breaching international law and being complicit in genocide due to the contentious issue of so-called Israeli flyovers, which see weaponry being flown over Irish airspace and later delivered to Israel. Online publication The Ditch – which is taking the case alongside campaign group Uplift and Irish surgeon Dr Ahmed El Mokhallalati – has reported that numerous flights carrying munitions have flown through Irish airspace and landed in Israel. Human rights lawyers Phoenix Law lodged documents on behalf of the group today, arguing that the Irish government is allegedly 'complicit in Israel's genocide' in Gaza over the reported continued use of Irish airspace to transport Israeli weaponry. The group has claimed that the transport minister Darragh O'Brien has failed to investigate allegations that the airspace above Ireland is being used to deliver weapons and parts of weapons to the Israeli Defence Forces. Advertisement They further allege that Ireland is in breach of its constitution to allow flights to carry munitions through the airspace and that, despite the acknowledgement from government that Israel is committing genocide in Gaza, the flights have not been probed. The issue had been raised with Tánaiste Simon Harris previously , when People Before Profit TD Paul Murphy walked across the Dáil chamber with documents that he claimed proved tonnes of weapons are being flown through Irish airspace. Government has previously argued that there is no existing legislation to allow random inspections of aircraft. Aeroplane operators must first seek permission, or a licence, from government should they seek to transport munitions through Irish airspace. O'Brien and his predecessor Eamon Ryan have said the airlines in question do not seek permission to use Ireland's airspace. The minister has not provided a timeframe for the introduction of laws to prevent this taking place without permission. He told The Journal last month that government was taking claims that 'munitions of war' are being flown to Israel from Ireland 'very seriously'. Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Intercept
10-05-2025
- Business
- The Intercept
Explosive Materials Bound for Israel Are Flying Out of JFK Airport
Americans know that the U.S. government and defense industry exports huge amounts of military goods to Israel — but they may not be aware that in some cases these shipments travel beside them. On Saturday afternoon, a cargo airplane carrying 14 tons of explosive materials bound for an Israeli weapons manufacturing company is expected to fly out of John F. Kennedy International Airport in New York on Saturday afternoon, according to air cargo documents reviewed by The Intercept. The explosive material, grade A nitrocellulose, is a widely used industrial material that plays a key role in making ammunition — from sniper bullets to rockets. According to the air cargo documents obtained by journalists at Irish news site The Ditch and researchers with the Palestinian Youth Movement, 51 pallets of nitrocellulose are expected to be delivered to the Israeli weapons manufacturing company IMI Systems, headquartered outside of Tel Aviv in the city of Ramat Hasharon. The main client of IMI Systems, previously known as Israeli Military Industries, is the Israel Defense Forces. Saturday's cargo flight is the largest single shipment of explosives to pass through NYC's busiest airport. The cargo flight by Challenge Airlines Israel is scheduled to depart from JFK at 2 p.m. on Saturday and land in Ben Gurion Airport in Tel Aviv on Sunday, according to flight information. The manufacturer of the materials is not known, but the cargo's sender is listed as deriving from a Los Angeles ZIP code. While other weapons-related shipments have been sent from JFK to Israel, Saturday's cargo flight is the first confirmed shipment of nitrocellulose and the largest single shipment of explosives to pass through New York City's busiest airport, said journalist and lawyer Roman Shortall, co-founder of The Ditch. Previously, The Ditch has reported on other military equipment flown out of the JFK airport, including ammunition propellants, detonating fuses, tear gas, F-35 combat jet parts, and firearms. Explosive materials, however, typically have been shipped in smaller amounts in separate flights, Shortall said. The concentrated amounts of nitrocellulose on Saturday are notable and prompt safety concerns for both civilians and workers at the New York airport, the researchers said. 'Over almost two years of genocide in Gaza, JFK airport has served as the coordination point for the shipment of ammunition primer, small arms cartridges, detonators, and aircraft parts to sustain the Israeli military,' said Aisha Nizar, an organizer with the Palestinian Youth Movement, a Palestinian solidarity group that has chapters across the U.S. and Europe. 'These arms are threats to our communities here in New York, and show yet again, the complete coordination between the Zionist project and the U.S. ruling class, who are currently waging a war of extermination against the Palestinian people.' IMI Systems' parent company Elbit Systems and the Port Authority of New York and New Jersey, which operates JFK, did not immediately respond to The Intercept's requests for comment. Read our complete coverage The Israeli military regularly receives billions of dollars' worth in weapons from the U.S., whether transferred from U.S. military stockpiles or bought directly from U.S. defense companies. During the first year of Israel's war on Gaza, the U.S. military sent $17.9 billion in aid to Israel. The majority of Israeli military aid from the U.S. comes through grants for Israel to spend on buying new military weapons and materials directly from U.S. companies, which helps fuel the country's weapons industry. Researchers with the Palestine Youth Movement have previously uncovered sea shipments of ammunition and other material to Israel from the U.S. Military Ocean Terminal Sunny Point, or MOTSU, in North Carolina, including a Department of Defense shipment last year that violated Spain's arms embargo on Israel. A separate Israel-bound shipment of military goods by Danish shipping giant Maersk, which typically ships from Port Elizabeth in New Jersey, also violated the Spanish embargo. A media investigation into Challenge Air by Belgian news outlet RTBF has also shown the airline has transported weapons from the JFK airport to Brussels, then to Tel Aviv. Researchers with the Palestinian Youth Movement expressed safety concerns for workers and civilians posed by the highly flammable explosive materials. A U.S. Army report cited by the group described nitrocellulose as explosively equivalent to TNT. The group also pointed to China's Tianjin Port explosion in 2015 caused by nitrocellulose stockpiles, which had spontaneously combusted, killing 173 people and injuring more than 700 others. Both passenger flights and cargo flights at JFK share the same runways. Cargo flights can also be taxied to the runway while passing civilian planes and terminals. Since Hamas's attack on Israel in 2023, the Israeli military has killed more than 50,000 Palestinians in its incursion on Gaza, which has escalated in recent months after Israel broke its ceasefire agreement in March. Israel's war cabinet recently announced plans for the Israeli military to indefinitely occupy all of Gaza and displace Palestinians from the territory. It comes amid an Israeli blockade on all humanitarian aid — food, water, fuel, and medical supplies — in violation of humanitarian law. The final destination for Saturday's shipment of nitrocellulose — the Elbit-owned IMI Systems — is known to manufacture a wide range of weapons, such as combat vehicles, rifles, missiles, rocket launchers, and cluster munitions. Nitrocellulose is also used in industrial and medical materials, including paint or aluminum foil, and in medical settings to create topical ointments. Other companies ship weapons and military materials through JFK, including Lockheed Martin, according to The Ditch. While Challenge Air has been the main airline to fly such military goods out of JFK, U.S. transportation giant FedEx has also transported military goods through the New York airport. Elbit, Israel's largest arms manufacturer, operates across the globe, including in the U.S, the United Kingdom, Australia, Sweden, Switzerland and Brazil. Palestinian solidarity activists in the U.S. have protested at Elbit facilities in Virginia and South Carolina, as well as a factory in Merrimack, New Hampshire, where four women attempted to halt production.
Belfast Telegraph
08-05-2025
- Politics
- Belfast Telegraph
Irish Government accused of ‘false ignorance' on shipments of Israeli arms
Irish deputy premier Simon Harris was handed a folder of what he said were aircraft inventories by an opposition TD who said there was 'no mystery' to the issue. He said that a 'robust' investigation was being carried out by the Department of Transport and added that any breach of Irish law 'cannot be consequence free'. News website The Ditch has reported that several flights carrying munitions to weapons manufacturers and contractors in Israel have travelled over Ireland. Permission is needed from Ireland's transport minister to carry munitions through Irish airspace. Mr Harris, who is also the Foreign Affairs Minister, said last week that he did not believe weapons being used in Gaza were being flown through Irish skies based on the information available to him. He admitted that it was 'a real challenge' to know what is being carried in planes flying above Ireland. On Thursday, People Before Profit TD Paul Murphy accused the Government of 'false ignorance' and of 'pretending you don't know what's going on'. He produced a green folder of what he said were waybills that show 'thousands of tons of weaponry have gone through Irish airspace on the way to be used in a genocide in Gaza'. 'This is not a mystery. The airlines admit it.' He added: 'You want to know my practical solution? My practical solution is that the Minister for Transport should prosecute the companies. It's the law. They're currently breaking the law.' Mr Harris said that the Department of Transport is examining the reports and agreed that any breach of Irish law 'cannot be consequence free'. 'Irish law matters, I'm very clear in relation to that, as is the Taoiseach, as is the Minister for Transport,' he told TDs. 'If there have been breaches of Irish sovereign law, decisions will need to be taken on the next steps, based on clear and robust evidence. 'I think we also need to be clear here, and I this is the point I was trying to make, that if you know existing legislation doesn't provide for the implementation of a system of routine and random inspections, and rather, it requires that there first be an appearance of intention or likelihood for a civil aircraft to depart from a point in the state in a manner that will contravene the legislation, for example, carry munitions, I think it is a legitimate question for government to now consider whether we need to amend our own domestic legislation and whether more needs to happen internationally. 'So I'm very clear any breaches of Irish law, it cannot be consequence free, I agree with you. The Department of Transport is carrying out a robust examination of all of these matters and then will advise Government on what next steps are required.' In response to questions from Social Democrats deputy leader Cian O'Callaghan, Mr Harris said that 'no one is dragging their feet' and Ireland 'is not standing idly by' on Palestine. He said that he intends to call his EU counterparts in the hours ahead and see if they will 'echo' Ireland's call for the EU to review Israel's obligation to adhere to human rights clauses in its trade association agreement, which the Netherlands had called for on Wednesday. Mr Harris also said he had met senator Frances Black about her bill that would ban trade with illegal Israeli settlements on Palestinian lands. Mr Harris and Irish premier Micheal Martin had initially committed to passing the Ms Black's Occupied Territories Bill after it was amended to make it legally 'robust', but since then have suggested new legislation may be required. Mr Harris said that there is 'a narrow pathway' based on an advisory opinion from the International Courts of Justice, to legislate on banning trade, but Mr Harris said 'we have not yet been able to identify the narrow pathway on services, that's the truth'. Campaigners have criticised the move to ban the trading of goods but not services, which is estimated to represent around 70% of trade activity. 'It's not a policy position. It's a legal position,' he said. 'There is a need to make sure any bill can withstand the inevitable challenge that this will face.' He said his hope was that if Ireland brought forward such legislation that it may encourage other countries to do the same. 'If the EU refuses to act as a collective in relation to this, why don't a number of member states do what we're proposing to do here in Ireland,' he said.
Yahoo
08-05-2025
- Politics
- Yahoo
Irish Government accused of ‘false ignorance' on shipments of Israeli arms
The Irish government has been accused of 'false ignorance' on reports of flights carrying arms to be used in Gaza through Ireland. Irish deputy premier Simon Harris was handed a folder of what he said were aircraft inventories by an opposition TD who said there was 'no mystery' to the issue. He said that a 'robust' investigation was being carried out by the Department of Transport and added that any breach of Irish law 'cannot be consequence free'. News website The Ditch has reported that several flights carrying munitions to weapons manufacturers and contractors in Israel have travelled over Ireland. Permission is needed from Ireland's transport minister to carry munitions through Irish airspace. Mr Harris, who is also the Foreign Affairs Minister, said last week that he did not believe weapons being used in Gaza were being flown through Irish skies based on the information available to him. He admitted that it was 'a real challenge' to know what is being carried in planes flying above Ireland. On Thursday, People Before Profit TD Paul Murphy accused the Government of 'false ignorance' and of 'pretending you don't know what's going on'. He produced a green folder of what he said were waybills that show 'thousands of tons of weaponry have gone through Irish airspace on the way to be used in a genocide in Gaza'. 'This is not a mystery. The airlines admit it.' He added: 'You want to know my practical solution? My practical solution is that the Minister for Transport should prosecute the companies. It's the law. They're currently breaking the law.' Mr Harris said that the Department of Transport is examining the reports and agreed that any breach of Irish law 'cannot be consequence free'. 'Irish law matters, I'm very clear in relation to that, as is the Taoiseach, as is the Minister for Transport,' he told TDs. 'If there have been breaches of Irish sovereign law, decisions will need to be taken on the next steps, based on clear and robust evidence. 'I think we also need to be clear here, and I this is the point I was trying to make, that if you know existing legislation doesn't provide for the implementation of a system of routine and random inspections, and rather, it requires that there first be an appearance of intention or likelihood for a civil aircraft to depart from a point in the state in a manner that will contravene the legislation, for example, carry munitions, I think it is a legitimate question for government to now consider whether we need to amend our own domestic legislation and whether more needs to happen internationally. 'So I'm very clear any breaches of Irish law, it cannot be consequence free, I agree with you. The Department of Transport is carrying out a robust examination of all of these matters and then will advise Government on what next steps are required.' In response to questions from Social Democrats deputy leader Cian O'Callaghan, Mr Harris said that 'no one is dragging their feet' and Ireland 'is not standing idly by' on Palestine. He said that he intends to call his EU counterparts in the hours ahead and see if they will 'echo' Ireland's call for the EU to review Israel's obligation to adhere to human rights clauses in its trade association agreement, which the Netherlands had called for on Wednesday. Mr Harris also said he had met senator Frances Black about her bill that would ban trade with illegal Israeli settlements on Palestinian lands. Mr Harris and Irish premier Micheal Martin had initially committed to passing the Ms Black's Occupied Territories Bill after it was amended to make it legally 'robust', but since then have suggested new legislation may be required. Mr Harris said that there is 'a narrow pathway' based on an advisory opinion from the International Courts of Justice, to legislate on banning trade, but Mr Harris said 'we have not yet been able to identify the narrow pathway on services, that's the truth'. Campaigners have criticised the move to ban the trading of goods but not services, which is estimated to represent around 70% of trade activity. 'It's not a policy position. It's a legal position,' he said. 'There is a need to make sure any bill can withstand the inevitable challenge that this will face.' He said his hope was that if Ireland brought forward such legislation that it may encourage other countries to do the same. 'If the EU refuses to act as a collective in relation to this, why don't a number of member states do what we're proposing to do here in Ireland,' he said.
