Slovenia Faces Scrutiny Over Alleged Arms Transfers to Israel, Possibly Violating International law
London, UK – October 26, 2023 – Amnesty International has issued a strong condemnation of Slovenia, alleging the nation is violating its obligations under international law by knowingly allowing the transfer of arms to Israel, including through its port of Koper.This action, according to the human rights organization, risks facilitating serious breaches of international humanitarian law and potentially contributing to war crimes and even genocide in Gaza.
“By knowingly allowing the transfer of arms to Israel, including via transit of ships carrying weapons and explosives, Slovenia is in clear violation of its obligation under international law to ensure respect for the Geneva Conventions,” stated Erika Guevara-Rosas, Senior Director for Research, Advocacy, Policy and Campaigns at Amnesty International. “Such actions risk facilitating serious breaches of international law.”
The Legal Framework: Preventing Complicity in International Crimes
International law unequivocally prohibits all states from transferring weapons to parties engaged in armed conflict when there is a demonstrable risk those weapons will be used to commit violations of international humanitarian law.This obligation is not contingent on domestic political decisions or rulings; it is a fundamental principle of international legal duty. Slovenia, therefore, has a legal duty to prevent its ports from being used as a conduit for arms destined for Israel, to avoid being complicit in potential crimes under international law.
This principle stems from Common Article 1 of the Geneva Conventions, which requires states to “respect and ensure respect” for these treaties in all circumstances. The ongoing conflict in Gaza, marked by escalating civilian casualties and widespread destruction, necessitates a heightened level of scrutiny regarding arms transfers.
Evidence of Israeli Violations and the Role of Transferred Arms
Amnesty International’s extensive research details a pattern of concerning behavior by the Israeli military, including the use of explosive weapons in attacks targeting civilians and civilian infrastructure, as well as indiscriminate attacks within Gaza. Recent investigations have specifically identified the use of a bomb manufactured by IMI, a subsidiary of Elbit Systems, in an unlawful strike on a family home in Gaza on april 19, 2024, resulting in the deaths of nine civilians, including six children. (See: https://www.amnesty.org/en/latest/news/2024/05/israel-opt-israeli-air-strikes-that-killed-44-civilians-further-evidence-of-war-crimes-new-investigation/).
Furthermore, Amnesty International has documented instances of Israel blocking vital humanitarian assistance to Gaza and enacting collective punishment measures against the Palestinian population – actions that are themselves violations of international law.
Corporate Responsibility and the Risk of Complicity
The responsibility extends beyond states. Companies involved in the manufacturing and export of arms also bear a crucial obligation to respect human rights and international humanitarian law throughout their entire supply chain. This responsibility is independent of national laws and regulations and represents a fundamental ethical and legal imperative.
“As Israel continues to commit genocide against Palestinians in Gaza and to maintain its unlawful occupation of the Palestinian Territory and system of apartheid against all Palestinians whose rights it controls, among other serious violations of international law, all states must urgently suspend arms transfers, including transit and transshipment, to Israel,” Guevara-Rosas emphasized.”States must strictly enforce the suspension by investigating and where appropriate prosecuting those responsible for breaches.”
Any company continuing to supply Israel with assistance or equipment that could be used to commit crimes under international law, including genocide and war crimes, risks being held complicit in those crimes.
The Case of the ZIM New Zealand Vessel
Recent evidence highlights the alleged complicity. On August 7th, the ZIM New Zealand vessel departed from Slovenia’s Port of Koper and arrived in Haifa, Israel, on August 14th. Despite Slovenia’s stated ban on the export, import, and transit of military equipment to and from Israel, the vessel reportedly transported military cargo. The ZIM New Zealand is owned by ZIM Integrated Shipping Solutions, a global shipping company headquartered in Haifa.
Amnesty International sought comment from ZIM Integrated Shipping Solutions, A-E Electronics, and Elbit Systems. Elbit Systems denied any knowledge of a Slovenian government restriction and claimed unawareness of the cargo’s specific location at the time of transit. ZIM Integrated Shipping Solutions and A-E Electronics did not respond to requests for comment. (Current vessel tracking data