Legal expert calls on all countries to sanction Israel

By Melike Pala

Countries party to the Genocide Convention should impose economic sanctions on Israel to ensure compliance with international law, said Shahd Hammouri, a lecturer in international law at the University of Kent in England.

Hammouri spoke to Anadolu about violations of international law caused by Israel's 75-year occupation of Palestine, attacks on the Gaza Strip since Oct. 7, and Western countries' support for Israel.

She highlighted the historical context of the Palestine-Israel issue, criticizing the portrayal in Western media that tends to isolate events from their broader historical background.

Describing the situation in Palestine as "colonization," Hammouri emphasized that despite numerous UN General Assembly resolutions condemning Israel's "colonial policies" and affirming Palestinians' right to self-determination, they have not been effective in stopping Israel.

She pointed out the denial of the Nakba, the 1948 permanent displacement of a majority of the Palestinians, as a current issue, highlighting ongoing injustices faced by Palestinians.

- Israel’s actions destabilize region

Referring to statements by Israeli politicians over decades, Hammouri criticized their approach, indicating a denial of Palestinians' existence and rights.

She stressed that Israel's actions in Palestine have destabilized the region.

“Israel’s continuous subjugation of the Palestinian people has led to ongoing hostilities, not just within Palestine, in Israel, but across the region," she said.

- Apartheid-like system

Hammouri also drew attention to Israel's apartheid-like system, emphasizing the unequal treatment of Palestinians and Israelis.

Highlighting that Palestinians are seen as “less human” in a legal context, she said: “If you are a Palestinian who was born in the West Bank or Gaza, you have been living in what we call a sub-human condition.”

Regarding Gaza, she warned that the 17-year siege could amount to a crime against humanity, subjecting millions to inhumane conditions as a form of collective punishment.

Hammouri also highlighted the denial of the right of return for Palestinian refugees and the neglect of their legal status in Gaza.

- ‘Israeli exceptionalism’

She attributed the impunity enjoyed by Israel for its violations to the support of other countries, particularly the United States.

“Because Israel is so aligned with the political status quo of the world, it is almost natural to skip over whatever violations that it commits up until now,” she said.

On the other hand, Hammouri suggested that Palestine “goes against” the world order and the status quo “so much” that it will take time for the “wheels to turn.”

- ‘Silence can also be a form of complicity’

Hammouri criticized the International Criminal Court (ICC) for its narrow focus on individual responsibility, overlooking the broader economic and social aspects of international crimes.

Accusing the ICC of working as proxy actors for economically advanced states, she said: “Its legitimacy was already hanging by a thread.”

The law professor said, “Silence can also be a form of complicity when it comes from the world's largest international criminal court and its prosecutor's office,” suggesting the court has not taken “real” action on Israel.

- ‘Pre-emptive self-defense’

Hammouri underlined the instrumentalization of international humanitarian law by US and Israeli lawyers to justify Israel's actions.

She argued even if Israel had a legitimate right to self-defense, it would have ended Oct. 8, when it was capable of deterring the attack by Hamas.

The expert described Israel’s current actions as pre-emptive self-defense, akin to the argument used by the US in Iraq in 2003.

Finally, Hammouri emphasized the need for Israel to pay compensation for damages it caused in Palestine in its aggression for more than 75 years.

*Writing by Muhammed Yasin Gungor