The Palestinian BDS National Committee consulted ASCOMARE, an international think-tank providing legal consultancy to governments, private institutions and NGOs, about the duties of coastal states and flag states under international law and particularly the UN Convention on the Law of the Sea.
Their 49 page expert opinion, authored by 11 legal experts, including internationally renowned law of the sea experts, leaves no space for doubt - governments need to act now to stop their complicity in Israel’s illegal occupation, apartheid and genocide, including complicity related to maritime transfers.
READ THE FULL LEGAL OPINION HERE
Coastal states must take necessary action within their territorial seas, including interrupting or suspending passage, against vessels carrying military supplies or other cargo that assists Israel in its illegal occupation, apartheid, genocide, or other violations of fundamental principles (peremptory norms) of international law, such as the right to self-determination of peoples and the prohibition on the acquisition of territory by force.
In order to stop the vessel’s passage through its seas and the vessel’s complicity in Israeli atrocity crimes (war crimes, crimes against humanity or genocide), coastal state authorities can stop or board the vessel, redirect its passage, order it to leave the territorial sea, or employ a proportionate and legal degree of force, if warranted.
States have jurisdiction over vessels flying their flag, even when those vessels operate within the waters of another State. They have to exercise control and enforce international law upon them.
Flag states have to (1) adopt appropriate laws or regulations to ban vessels illegally transferring cargo that supports Israel’s commission of international crimes from carrying their flag (2) establish administrative frameworks and enforcement mechanisms (3) ensure continuous oversight, and (4) take prompt action when they are informed of the risk of non-compliance with these rules.
If coastal states or flag states fail to implement these measures, they themselves should be held accountable for violating international law.
Let’s mobilize pressure on governments to uphold their legal obligations and #BlockTheBoat!