OPEN LETTER TO THE PRESIDENT OF THE SPANISH GOVERNMENT, MR. PEDRO SÁNCHEZ – July 31, 2025, Paris
Transit of!weapons to Israel – It's time to!to apply the law, without reservation or delay Mr. President of the Government, The JURDI association, composed of lawyers committed to the defense of public international law and the prevention of the most serious crimes, addresses this open letter to you in view of a legally and morally untenable situation.
The Maersk Norfolk (IMO 9356139), identified as part of the military supply chain to Israel, is due to dock today in the port of Barcelona. This vessel is transporting military components, including parts for the assembly and maintenance of F-35 fighter jets used in Israeli military operations in Gaza – operations that have raised significant international legal concerns.
However, Spain ratified the Arms Trade Treaty (ATT) on April 4, 2014.
This treaty, which entered into force for it on July 2, 2014, has legally binding value.
This is not a matter of political orientation or mere diplomatic commitment: the Arms Trade Treaty (ATT) has the force of law in Spain. According to Article 6, Spain cannot authorize an arms transfer when it is aware that the arms could be used to commit serious violations of international humanitarian law or war crimes. Article 7 also mandates a strict risk assessment and the suspension of the transfer if the risk is substantial.
Furthermore, Article 9 of the Arms Trade Treaty obliges States Parties, including Spain, to take all appropriate measures to regulate the transit of conventional arms through their territory, including via infrastructure such as seaports. This regulatory obligation cannot be interpreted passively: it commits the State to actively prevent its territory from being used as a transit point for weapons involved in serious violations of international humanitarian law.
Beyond the aforementioned conventional rules, it should be recalled that any transfer of conventional weapons – including components and ammunition – must respect the fundamental principles and peremptory norms of international humanitarian law, in particular the principles of distinction, proportionality and prohibition of indiscriminate attacks.
The information contained in this letter is primarily drawn from the press release published on July 30, 2025, by RESCOP – Red estatal contra la Ocupación de Palestina (State Network Against the Occupation of Palestine), as part of its “End Arms Trade with Israel” campaign. It is corroborated by analyses from the Centre Delàs d'Estudis per la Pau (Center Beyond Studies for Peace), which has been documenting arms flows between Spain and Israel for several years, as well as their involvement in serious violations of international humanitarian law in Gaza.
These norms, which are peremptory (jus cogens), are binding on all States and cannot be waived. Maintaining, facilitating, or tolerating arms transfers to an area where these principles are systematically violated inevitably leads to legal complicity in these violations. This includes not only transfers of complete weapons, but also of spare parts, components, software, and ammunition that materially contribute to these violations.
The announced arrival of the Maersk Norfolk in Barcelona constitutes, in this context, a clear failure of this control obligation. Authorizing such a transit, without rigorous assessment or precautionary measures, could constitute a direct violation of Article 9, in addition to Articles 6 and 7 already cited.
Violation of these conventional obligations, by action or omission, may be considered an internationally wrongful act, engaging the legal responsibility of the Spanish State, in addition to any possible individual criminal liabilities.
It is therefore incomprehensible – and unacceptable – that such transits are still permitted on national territory. This is all the more so given that you have, on several occasions, publicly expressed your commitment to international law and respect for humanitarian principles.
We remind you that Spain does not need a parliamentary law to suspend these operations.
A simple emergency decree, with precautionary measures in place, would suffice to immediately prohibit the transit, import, or export of weapons related to the conflict. This falls within your executive powers and must be implemented without delay.
We do not claim to know the political, economic, or diplomatic reasons that have led to this continued tolerance. However, we maintain that, as the law and facts currently stand, maintaining this transit is legally incompatible with Spain's international commitments. It constitutes a serious breach of its obligations, which may be deemed unlawful under international law.
Each authorization of this kind helps maintain a supply chain that fuels devastating attacks against civilians, medical infrastructure, schools, and places of refuge. Spain cannot continue to be the logistical rear base for a conflict where documented crimes are committed.
Mr. President, it is your duty to act immediately and in full accordance with Spain's international commitments. This is not only a matter of your government's credibility, but also of the future accountability of the Spanish state before international bodies.
We strongly encourage you to:
1. The immediate suspension of all port services to the Maersk Norfolk and to any vessel transporting military components to Israel, in coordination with the Catalan authorities, 2. The emergency adoption of a government decree prohibiting, as a precautionary measure, all transit, import or export of weapons to or from Israel, 3. The transparent publication of cargo manifests, charterers and destinations, under parliamentary oversight, 4. An administrative and parliamentary inquiry into the responsibilities involved, particularly within the Ministry of Defense and the port authorities, has been launched. History will be the judge. And at this crucial moment, Spain must choose justice, not self-interest or ambiguity.
Please accept, Mr. President of the Government, the expression of our highest consideration.
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