[New publication] Sanctions against Israel: An international law perspective

In a new article for Just Security, James Patrick Sexton analyses recent proposals made for states to take sanctions against Israel. He concludes that international law permits the creation of certain sanctions against Israel, and that the obligation to prevent genocide arguably requires states, in certain circumstances, to take such measures.

Existing and proposed measures

Several states have created sanctions against Israel in response to its conduct in Palestine, such as Colombia’s halting of coal exports and Slovenia’s total weapons export and import ban. Further reaching proposals have been made, and the number of states reportedly considering or already having sanctioned Israel has increased in recent weeks.

The international legal framework  

The term ‘sanction’ does not have a specific definition under international law. Therefore, as Sexton explains, the legality of the proposed and existing measures should be assessed on a case-by-case basis. In the article, he sets out under what legal headings sanctions can be conceptualised: as retorsions, counter-measures, third-party counter-measures, and internationally wrongful acts. In his view, states can, at the very least, create sanctions that qualify as retorsions and legal counter-measures against Israel.

The obligation to prevent genocide

Building from his assessment of what sanctions states can create, Sexton analyses whether international law, and in particular the obligation to prevent genocide, might require states to create certain sanctions. Based on the case-law of the International Court of Justice, Sexton argues that sanctions that are legal under international law might be required to fulfil the obligation to prevent genocide. In his view, this is particularly relevant when other means – such as diplomacy – have failed, and that there is potential that the sanctions in question can contribute to the prevention of genocide.

Read the full post here.

About the author

James Patrick Sexton is a PhD researcher in public international law at the T.M.C. Asser Instituut and the University of Amsterdam. At the T.M.C. Asser Instituut, James is a member of the research strand: 'In the Public Interest: Accountability of the State and the Prosecution of Crimes'. His research interests lie within the law of armed conflict, international criminal law, unilateral sanctions, and the (international) legal aspects of countering terrorism. Additionally, James is the Managing Editor for the Yearbook of International Humanitarian Law. 

James Patrick Sexton LL.M.