“Arming Injustice with Impunity”, briefing paper for Oxfam on the occasion of the 25th anniversary of the WPS Agenda

I am honored to have been the author of this briefing paper, in collaboration with a number of Oxfam colleagues and Palestinian women activists. The briefing paper, which is launched on the occasion the 25th anniversary of the Women, Peace and Security (WPS) Agenda, reviews the Agenda from the perspective of Palestinian Women.
The paper is based on legal and policy analysis, and provides examples and evidence from the lived experiences of women in Palestine (the West Bank including East Jerusalem and the Gaza Strip) regarding the gendered impact of the Israeli Occupation on their lives as women.

The paper draws attention to that the WPS Agenda does not create new obligations under international law, but reminds States of their existing obligations.

The paper argues that Israeli occupation is allowed to continue through the support of other States, in violation of their obligations under international law. This includes military and economic support. States are also shielding Israel from accountability for the crimes that it is committing.

As long as Israeli occupation continues, crimes under international law and other violations against Palestinians will continue. This means that Palestinian women will not enjoy their rights as long as the occupation continues.

States’ obligations

The ATT: Article 6(3) of the Arms Trade Treaty (ATT) requires that a State should not authorize the export of military goods ‘if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party’. Through the various reports and documentation by UN human rights mechanisms and OHCHR, as well as reports by the UN SG, States are well aware of the crimes taking place and how they violate international law.

The Four Geneva Conventions: Common Article 1 of the Four Geneva Convention of International Humanitarian Law (IHL) requires parties to the Conventions to ‘undertake to respect and to ensure respect for the present Convention in all circumstances’. This means it is not enough for States to respect IHL themselves; they must also ensure that IHL is respected by others who are parties to conflict. This means that States that are parties to the Geneva Conventions must ensure that Israel respects principles of IHL in its actions. It is therefore clear that military transfer by States to Israel must take into account the degree to which Israel is respecting IHL in the OPT. 

Convention on the Prevention and Punishment of the Crime of Genocide: States have clear obligations under Article 1 of the Genocide Convention to prevent and punish acts of genocide. This requires States to take all possible measures to prevent genocide from happening or continuing. Therefore, all States, particularly those supporting Israel’s military capabilities despite the clear risk of genocide being committed in Gaza, as highlighted by the ICJ (see below), and that arms being used to commit crimes under international law, must prevent acts that pose real and imminent risk, which may later be classified as acts of genocide. Otherwise, the harm caused is irreparable. In the case of Israel’s illegal occupation, this includes imposing sanctions and stopping military assistance to Israel which may be used in committing genocide. Article IV of the Genocide Convention requires States to ensure that those responsible for genocide are punished.

The International Court of Justice (ICJ) is yet to deliver its final conclusion on the case brought by South Africa against Israel in relation to the Genocide Convention. However, the ICJ issued 3 provisional measures since January 2025, aiming at preventing genocide in Gaza due to real risk of genocide. The risks associated with consequences of genocide are irreversible. This is why States must not wait for the ICJ ruling to act. They have a heightened responsibility to assess the legality of continued arms transfers to Israel and the potential for these to be used in committing genocide.

Further, States have specific obligations in relation to the WPS Agenda to prevent violations, and protect against the impact resulting from the continuation of these violations. 

In addition to obligations under international law, several States have also adopted what is known as Feminist Foreign Policies (FFPs), or declared commitments to promote gender equality and the empowerment of women and girls globally. This also includes their National Action Plans for the WPS Agenda. However, despite their declared commitments, States continue to strengthen their support to the Israeli occupation through economic and diplomatic measures, and continuing or even increasing their military support and cooperation with Israel.

At the same time, while States are continuing or increasing their support to Israel, they are decreasing their development aid to Palestine. This therefore reduces the resources to services that women particularly need, thus harming thee services.

Therefore, States must do the following:

– ensure Israel’s compliance with international law and prevent further crimes (genocide, war crimes, and crimes against humanity) as well as other violations of international law,

– hold Israel accountable for the crimes under international law that it commits, including holding individual accountable,

– apply all available accountability options at national and international levels to address all violations against Palestinian women and girls,

– prevent transfers of arms, components, or technologies that might be used to commit or facilitate serious violations of international law, including gender-based violence.

– Particular attention must be given to the ICJ’s views with regard to risk related to the crime of genocide in Gaza. Arms transferred to Israel is likely to be used in committing these crimes,

States’ aid and assistance to Israel which enable the commissioning of wrongful acts under international law is likely to result in these States being deemed to be complicit in those internationally wrongful acts.

Without this, the reality for Palestinian women and girls of daily, brutal violence for decades under Israel’s prolonged illegal occupation, culminating in the genocide we are witnessing today, will continue.

📌The Briefing Paper can be found here👇
https://lnkd.in/e9yWWsrQ
📌The Press Release can be found here 👇
https://lnkd.in/eSFYkjXG
📌Summary of the main arguments can be found here 👇
https://lnkd.in/eTByqJtY