Mr. President of the Republic, Élysée Palace, 55 rue du Faubourg Saint-Honoré, 75008 PARIS, October 12, 2024, in Paris, Mr. President of the Republic, The French Jurists Association for the Respect of International Law (JURDI) is contacting you to ask you to initiate, in view of the violations of international humanitarian law committed by the State of Israel in the Occupied Palestinian Territory, a new direction much more committed to the implementation of the obligation to "ensure respect" for international humanitarian law than that followed by the previous government, a new direction which would correspond much better to the French tradition of respect and implementation of international law.
As you know, as of January 26, 2024, the International Court of Justice has, in the context of the case Implementation of the Convention on the Prevention and Punishment of the Crime of genocide in the Gaza Strip (South Africa v. Israel), The Court issued an order describing the violations of international humanitarian law committed by Israel against the Palestinian population in the Gaza Strip. These violations led the Court to order strict provisional measures, reinforced by two further orders dated March 28, 2024, and May 24, 2024. The measures ordered by the Court, particularly those concerning the Palestinian population's access to humanitarian aid and basic services (food, water, electricity, medical care, education), are not being respected by the State of Israel, which further underscores the massive scale of the violations of international humanitarian law in the Gaza Strip. The rules of international humanitarian law governing the conduct of hostilities are no more respected by the State of Israel, to the point that the Prosecutor of the International Criminal Court requested on May 20, 2024, that the Pre-Trial Chamber of the Court issue arrest warrants against two of the main Israeli leaders for acts of war crimes and crimes against humanity allegedly committed in the Gaza Strip.
As you also know, on July 19, 2024, the International Court of Justice issued an advisory opinion regarding Legal consequences of Israel's policies and practices in the Occupied Palestinian Territory. The Court highlighted systemic violations of international humanitarian law committed by the State of Israel, particularly those related to the occupation, colonization of the Occupied Palestinian Territory, and annexation of large portions of that Territory. It described Israeli policies and practices toward the Palestinian population that are illegal under international humanitarian law (confiscation or requisition of Palestinian land, exploitation of Palestinian natural resources, extension of Israeli legislation to the Palestinian population and of Israeli civil law to the Occupied Palestinian Territory, forced displacement of the Palestinian population, violence by Israeli settlers and military personnel against Palestinians, denial of residency permits to Palestinians in East Jerusalem, restrictions on freedom of movement, and demolition of real estate) and characteristic of racial segregation. The Court stated that these violations of international humanitarian law must cease as soon as possible and that it is the duty of States to ensure that the State of Israel respects international humanitarian law.
The scale and gravity of all these violations of international humanitarian law, perfectly known and documented by United Nations bodies well before the decisions of the International Court of Justice were rendered, compel France to act to ensure that the State of Israel respects the rules of international humanitarian law.
This legally binding obligation stems from Article 1 common to the four Geneva Conventions of 12 August 1949 and their Additional Protocol I and concerns all norms of international humanitarian law.
It must be implemented by France with reasonable diligence, to the extent of the means at its disposal and the degree of influence it exerts over the State of Israel, to compel it to respect its obligations under international humanitarian law.
France must therefore be able to consider taking pressure, initiatives, sanctions and countermeasures that can help prevent and stop these serious violations of international humanitarian law, but also refrain from doing anything that could encourage, help or assist in their commission.
Despite these legally binding measures emanating from the highest international court and France's obligations to "ensure respect" by the State of Israel for these imperative standards and erga omnes of international humanitarian law and this "in all circumstances", France has not adopted any concrete measures since January 26, 2024, nor since July 19, 2024 and to this day, in order to comply with its international obligations.
The nature and intensity of diplomatic, military (supplies of arms and ammunition, exchanges between the armed forces), economic, commercial, financial, technological, scientific, academic and human relations between France and Israel nevertheless require, in view of the need to comply with international law, a complete overhaul of these relations and of decisions to implement pressures, initiatives, sanctions and countermeasures.
We have attached to this letter a detailed note which outlines and details the foundations and modalities of France’s international obligations in this matter.
The French Association of Jurists for the Respect of International Law (JURDI) is at your disposal to discuss with your services the content and modalities of the new direction which must be taken so that France, its public and private actors, whether legal persons or natural persons, cannot be accused of not having respected its international obligations in this area.
The President of JURDI,
Patrick ZAHND
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