Violations of international law: more than 150 jurists agree to name what is happening in Gaza

[Brigitte DEMEURE]

Hi all, here it is, automatic translated :

Violations of international law: more than 150 jurists agree to name what is happening in Gaza

An appeal by 150 French-speaking professors of international law

In view of the ongoing abuses in the Gaza Strip and the West Bank and the moral and political challenge they represent, it seemed important to the signatories of this op-ed, all French-speaking academics specializing in international law and/or international criminal law, to share their legal analysis of the situation and the eight essential observations on which they can agree:

1. The Government of Israel has long been committed to denying the rights of the Palestinian people, one of the last peoples under foreign domination that has never been able to fully exercise its right to self-determination.

2. The attacks of 7 October 2023 constitute serious violations of international human rights law and international humanitarian law. Such acts committed on Israeli territory are undeniably war crimes and crimes against humanity that can be justified by no cause.
3. in the face of these attacks from within an occupied territory, Israel could not invoke the right of self-defence within the meaning of Article 51 of the Charter of the United Nations, but, as the International Court of Justice recalled in its advisory opinion of 9 July 2004 on the “Wall”, the Jewish State retains "the right, and even the duty“ to respond to such acts ”in order to protect the lives of its citizens. These measures must nevertheless remain in conformity with applicable international law."
4. as part of its response, Israel has committed and continues to commit numerous serious violations of international human rights law and international humanitarian law. Such violations, committed in connection with an armed conflict, can also be classified as war crimes. Particular attention is paid to the intentional targeting of attacks against the civilian population and the use of starvation as a method of warfare against civilians. These acts are also being perpetrated in the context of a systematic and widespread "attack" against Palestinian civilians, and can therefore also be qualified as crimes against humanity.
5. With regard to genocide, some of us may have wondered whether there was a specific intention to destroy all or part of the Palestinians in Gaza. But today we agree at least that the genocidal intention of the Israeli government has crystallized in the “humanitarian city” project, which follows the blocking of aid to Gaza and the establishment of a so-called alternative mechanism through the Gaza Humanitarian Foundation ". The best Israeli internationalists have reacted strongly to this project. In an unprecedented statement, they in turn openly considered the hypothesis of acts constituting genocide. We refer more broadly to the recent reports of Israeli NGOs, B'Tselem and Physicians for Human Rights. They are in addition to the substantial reports published by several international NGOs (including Amnesty International and Human Rights Watch ) and the alerts of UN bodies. In any event, the questions surrounding the qualification of “genocide” cannot be used to try to minimise the seriousness of the crimes committed, or the seriousness of the other classifications that are no longer debated: there is no exclusivity or hierarchy in the incriminations enshrined in international criminal law.
6. beyond Gaza, numerous violations of international human rights law and international humanitarian law are being perpetrated against the Palestinian civilian population in the occupied West Bank. The forced expulsion of the population, the destruction of villages, murder, torture and ill-treatment and arbitrary detention are all acts that fall under the most serious criminal classifications.
7. all of these breaches of the key instruments of international treaty and general law are likely to engage the responsibility of the States and the persons involved before the competent national and international courts. In this regard, the parties to the Rome Statute are obliged to cooperate with the International Criminal Court in the investigation and prosecution of the situation of the State of Palestine.
8. the norms of international law here are not only erga omnes norms (which apply to all States, and which all have a legal interest in enforcing) but also norms of jus cogens. Accordingly, all States have an obligation not only not to render aid or assistance to such violations, but also an obligation to cooperate in bringing such violations to an end, by lawful means. More specifically, States have an obligation to “respect and ensure respect” for international humanitarian law. Under the Genocide Convention, states have an obligation to “prevent” genocide but also to “punish” perpetrators of genocide and those who are guilty of direct and public incitement to genocide. These obligations apply to Israel but also to all other states of the “international community”. And any act that would have the effect of aiding, facilitating, or providing the means for the commission of crimes knowingly – such as the delivery of weapons to Israel – constitutes complicity in the crimes committed.

The signatories of this op-ed ultimately call for full compliance with the obligations applicable to the situation. Everyone should work towards a just and lasting peace in accordance with international law.

Signatories:

1. Olivier de Frouville, Professor at the University of Paris-Panthéon-Assas, France
2. Julian Fernandez, Professor at the University of Paris-Panthéon-Assas, France
3. Samantha Besson, Professor at the Collège de France, France
4. Geneviève Dufour, Professor at the University of Ottawa, Canada
5. Jean-Christophe Martin, Professor at the University of Côte d'Azur, France
6. David Pavot, Professor at the University of Sherbrooke, Canada, President of the Quebec Society of International Law
7. Julia Grignon, Associate Professor at the University of Paris-Panthéon-Assas, President of the Sub-Commission on International Humanitarian Law and Humanitarian Action of the CNCDH, France
8. Sarah Nouwen, Professor at the European University Institute, Italy, and at the University of Cambridge, United Kingdom
9. Marina Eudes, Professor at the University of Paris Nanterre, France, President of the Sub-Committee on International and European Issues at the National Consultative Commission on Human Rights
10. Sharon Weill, Associate Professor at the American University of Paris, France
11. Jorge E. Vinuales, Professor at the University of Cambridge, United Kingdom
12. Pierre-François Laval, Professor at the University Jean Moulin Lyon 3, France
13. Mustapha Afroukh, Associate Professor HDR at the University of Montpellier, France
14. Thibaut Fleury Graff, Professor at the University of Paris-Panthéon-Assas, France
15. Jérôme de Hemptinne, Assistant Professor at the School of Law of Utrecht University, The Netherlands
16. Rafâa Ben Achour, Professor Emeritus of the University of Carthage, Tunisia
17. Giovanni Distefano, Professor at the University of Neuchâtel and at the Academy of International Humanitarian Law and Human Rights, Switzerland
18. Jean d'Aspremont, Professor at Sciences Po Law School, France
19. Sarah Cassella, Professor at the University of Paris Cité, France
20. Alioune Sall, Professor at the University of Dakar, Senegal, former judge at the ECOWAS Court of Justice, member of the International Law Commission
21. Emmanuelle Tourme Jouannet, Professor at Sciences Po Law School, France
22. François Dubuisson, Professor at the Free University of Brussels, Belgium
23. Michel Erpelding, Research Group Director at the Max Planck Institute for the History and Theory of Law, Germany
24. Delphine Burriez, Associate Professor at the University of Paris-Panthéon-Assas, France
25. Vincent Chetail, Professor at the Graduate Institute of International and Development Studies, Switzerland
26. Sidy Alpha Ndiaye, Professor at Cheikh Anta Diop University, Senegal
27. Marie-Clotilde Runavot, Professor at the Toulouse Law School, France
28. Marina Sharpe, Associate Professor at Royal Military College Saint-Jean, Canada
29. Frédérique Coulée, Professor at the University of Paris-Saclay, France
30. René Provost, Professor at McGill University, Canada
31. Rémi Bachand, Professor at the University of Quebec in Montreal, Canada
32. Mulry Mondélice, Associate Professor at the Royal Military College Saint-Jean, Canada
33. Anne Millet-Devalle, Professor at the University of Côte d'Azur, France
34. Hélène Tigroudja, Professor at Aix-Marseille University, France
35. Olivier Corten, Professor at the Free University of Brussels, Belgium
36. Clémentine Bories, Professor at the Toulouse Law School, France
37. Pascale Martin-Bidou, Associate Professor at the University of Paris-Panthéon-Assas, France
38. Sophie Grosbon, Lecturer-Researcher at the University of Paris Nanterre, France
39. Camille Marquis Bissonnette, Professor at the Université du Québec en Outaouais, Canada
40. Stéphane Beaulac, Full Professor at the University of Montreal, Canada
41. Suzanne Lalonde, Professor at the University of Montreal, Canada
42. Frédéric Mégret, Professor at McGill University, Canada
43. Sarah Annabella Riley Case, Assistant Professor at McGill University, Canada
44. Nicolas Haupais, Professor at the University of Paris-Saclay, France
45. Hélène Ruiz Fabri, Professor at the Sorbonne School of Law, France
46. Isabelle Fouchard, CNRS-HDR Research Fellow at the Institute of Legal and Philosophical Sciences of the Sorbonne, France
47. Robert Roth, Honorary Professor at the University of Geneva, Switzerland
48. Rebecca Mignot-Mahdavi, Assistant Professor at Sciences Po Law School, France
49. Anne-Laure Chaumette, Professor at the University of Paris Nanterre, France
50. Hélène Raspail, Professor at Le Mans University, France
51. Ludovic Hennebel, Professor at Aix-Marseille University, France
52. Véronique Guèvremont, Professor at Laval University, Canada
53. Alexis Marie, Professor at the University of Bordeaux, France
54. Marie Lemey, Professor at the University of Brest, France
55. Marion Larché, Associate Professor at the Sorbonne Law School, France
56. Denis Alland, Professor at the University of Paris-Panthéon-Assas, France
57. Alain-Guy Sipowo, Assistant Professor at the University of Montreal, Canada
58. Miriam Cohen, Professor at the University of Montreal, Canada
59. Guillaume Le Floch, Professor at the University of Rennes, France
60. Patrick Dumberry, Professor at the University of Ottawa, Canada
61. François Crépeau, Professor Emeritus of McGill University, Canada
62. Géraldine Giraudeau, Professor at the University of Paris-Saclay, France
63. Patryk I. Labuda, Assistant Professor at the Central European University, Austria
64. Olivier Schaub, Associate Professor at the University of Reims Champagne-Ardenne, France
65. Arnaud de Nanteuil, Professor at the University of Paris Est Créteil, France
66. Farah Safi, Professor at the University of Clermont Auvergne, France
67. Ndeye Dieynaba Ndiaye, Professor at the University of Quebec in Montreal, Canada
68. Françoise Tulkens, Professor Emeritus of the Catholic University of Louvain, Belgium, former Vice-President of the European Court of Human Rights
69. Slim Laghmani, Professor Emeritus of the University of Carthage, Tunisia
70. Jean Matringe, Professor at the Sorbonne School of Law, France
71. Christophe Deprez, Professor at the University of Liège, Belgium
72. Evelyne Lagrange, Professor at the Sorbonne School of Law, France
73. Jean-Marc Sorel, Professor at the Sorbonne Law School, France
74. Mathias Forteau, Professor at the University of Paris Nanterre, France
75. Eliana Cusato, Assistant Professor at the University of Amsterdam, The Netherlands
76. Olivier De Schutter, Professor at the Catholic University of Louvain and Sciences Po, Belgium
77. Dimitri Van Den Meerssche, Associate Professor at Queen Mary University, United Kingdom
78. Mario Prost, Associate Professor at Keele University, United Kingdom
79. Marie Petersmann, Assistant Professor at the London School of Economics and Political Science School of Law, United Kingdom
80. Fuad Zarbiyev, Professor at the Graduate Institute of International and Development Studies, Switzerland
81. Salwa Hamrouni, Professor at the University of Carthage, Tunisia
82. Edoardo Stoppioni, Professor at the University of Strasbourg, France
83. Catherine Kessedjian, Professor Emeritus of the University of Paris-Panthéon-Assas, France
84. William Schabas, Professor at Middlesex University, United Kingdom
85. Géraud de Lassus St-Geniès, Associate Professor at Laval University, Canada
86. Fannie Lafontaine, Full Professor at Laval University, Canada
87. Mona Paré, Professor at the University of Ottawa, Canada
88. Gamze Erdem Türkelli, Associate Professor at the University of Antwerp, Belgium
89. Pierre Bodeau-Livinec, Professor at the University of Paris Nanterre, France
90. Pacifique Manirakiza, Full Professor at the University of Ottawa, Canada
91. Delphine Nakache, Full Professor at the University of Ottawa, Canada
92. Nehal Bhuta, Professor at the University of Edinburgh, United Kingdom
93. Frédéric Dopagne, Professor at the University of Leuven, Belgium
94. Thomas Hochmann, Professor at the University of Paris Nanterre, France
95. François Delerue, Assistant Professor at IE University, Spain
96. Anne Lagerwall, Professor at the Free University of Brussels, Belgium
97. Valère Ndior, Professor at the University of Brest, France
98. Roberto Virzo, Professor at the University of Messina, Italy
99. Paola Gaeta, Professor at the Graduate Institute of International and Development Studies, Switzerland
100. Martial Manet, Assistant Professor at Mohammed VI Polytechnic University, Morocco
101. Sâ Benjamin Traoré, Associate Professor at the Mohammed VI Polytechnic University, Rabat, Morocco
102. Saïda El Boudouhi, Professor at the University of Paris 8 Vincennes Saint-Denis, France
103. Akbar Rasulov, Professor at the University of Glasgow, United Kingdom
104. Alain Pellet, Professor Emeritus of the University of Paris Nanterre, France, former President of the International Law Commission
105. Anne-Marie Thévenot-Werner, Associate Professor at the University of Paris-Panthéon-Assas, France
106. Claudio Zanghì, Professor Emeritus of the Sapienza University of Rome, Italy
107. Iain Scobbie, Professor at the University of Manchester, UK
108. Sévane Garibian, Professor at the University of Geneva, Switzerland
109. Raphaële Rivier, Professor at the Sorbonne School of Law, France
110. Serge Sur, Professor Emeritus of the University of Paris-Panthéon-Assas, member of the Academy of Moral and Political Sciences, France
111. Roseline Letteron, Professor at Sorbonne University, France
112. Denys-Sacha Robin, Associate Professor at the University of Paris Nanterre, France
113. Julia Emtseva, Assistant Professor at HEC Paris, France
114. Matthieu Aldjima Namountougou, Professor at Thomas Sankara University, Burkina Faso
115. Raphaël Maurel, Associate Professor HDR at the University of Bourgogne Europe, member of the Institut universitaire de France, France
116. Nico Schrijver, Professor Emeritus at Leiden University, The Netherlands
117. Lena Chercheneff, Associate Professor at the Sorbonne School of Law, France
118. Emmanuel Decaux, Professor Emeritus of the University of Paris-Panthéon-Assas, France
119. Micaela Frulli, Professor at the University of Florence, Italy
120. Philippe Gout, Lecturer at the Toulouse Law School, France
121. Anouche Beaudouin, Associate Professor at the University of Côte d'Azur, France
122. Daniel Ventura, Associate Professor at the University of Côte d'Azur, France
123. Jochen von Bernstorff, Professor at the University of Tübingen, Germany
124. Catherine Brölmann, Professor at the University of Amsterdam, The Netherlands
125. Janne E. Nijman, Professor at the Geneva Graduate Institute, Switzerland, and at the University of Amsterdam, the Netherlands
126. Coralie Klipfel, Associate Professor at Inalco, France
127. Bérangère Taxil, Professor at the University of Angers, France
128. Michel Cosnard, Professor at CYU Cergy Paris University, France
129. Louis Balmond, Professor Emeritus of the University of Toulon, France
130. Ivan Ingravallo, Professor at the University of Bari, Italy
131. Giancarlo Guarino, Full Professor at the University of Naples Federico II, President of the Arangio-Ruiz Foundation for International Law, Italy
132. Claire Crépet Daigremont, Associate Professor at the University of Paris-Panthéon-Assas, France
133. Valeria Di Comite, Professor at the University of Bari, Italy
134. Habib Gherari, former professor of law faculties, France
135. Linos-Alexandre Sicilianos, Professor at the University of Athens, Greece, former President of the European Court of Human Rights, President of the Marangopoulos Foundation for Human Rights, Greece
136. Catherine Le Bris, CNRS Researcher, University of Paris 1 Panthéon-Sorbonne, France
137. Laurence Dubin, Professor at the Sorbonne School of Law, France
138. Pierre d'Argent, Professor at the University of Leuven, Belgium
139. Kiara Neri, Professor at the University Jean Moulin Lyon 3, France
140. Julien Antouly, Associate Professor at the University of Rouen Normandy, France
141. Laurence Burgorgue-Larsen, Professor at the Sorbonne Law School, France
142. Vincent Zakané, Associate Professor at Thomas Sankara University, Burkina Faso
143. Marine They, Professor at the Sorbonne Paris Nord University, France
144. Florian Couveinhes Matsumoto, Associate Professor HDR at the École normale supérieure, France
145. Julie Ferrero, Professor at the University Jean Moulin Lyon 3, France
146. Pierre Klein, Professor at the Free University of Brussels, Belgium
147. Benjamin Fiorini, Associate Professor at the University of Paris 8 Vincennes – Saint-Denis, France
148. Thomas Herran, Associate Professor at the University of Bordeaux, France
149. Yann Kerbrat, Professor at the Sorbonne Law School, France
150. Hugo Flavier, Associate Professor at the University of Bordeaux, France
151. Aurélien Lemasson, Professor at the University of Limoges, France
152. Julien Cazala, Professor at the Sorbonne Paris Nord University, France
153. Olivier Cahn, Professor at the University of Paris Nanterre, France
154. Anne-Charlotte Martineau, Research Fellow in International Law, CNRS, France
155. Abdelwahab Biad, Associate Professor at the University of Rouen, France
156. Victor Grandaubert, Associate Professor at the University of Paris Nanterre, France
157. Gloria Gaggioli, Professor at the University of Geneva and the Academy of International Humanitarian Law and Human Rights in Geneva, Switzerland
158. Jean-Baptiste Dudant, Associate Professor at the University of Paris Saclay, France
159. Pierre-Marie Dupuy, Professor Emeritus of the University of Paris, Panthéon-Assas, Member of the Institute of International Law, France
160. Charlotte Beaucillon, Professor at the University of Paris Est Créteil, France
161. Lina Panella, Full Professor at the University of Messina, Italy
162. Sarah Jamal, Senior Lecturer at the University of Paris-Panthéon-Assas, France