Israel Sanction Act: Delay Means Palestinians Pay

In January, the International Court of Justice (ICJ) ordered a series of provisional measures against Israel[1]. Some of these measures include ordering Israel to;

1. Take all possible measures to prevent genocidal acts.
2. Take effective measures to enable the provision of urgently needed basic services and humanitarian assistance to the Gaza Strip.
3. Prevent the destruction of evidence related to allegations of acts.

Israel has failed to comply with the ICJ's provisional measures and, in some areas, committed more violations after the ruling[2].

NZ must impose economic and diplomatic sanctions on Israel in response to the violations of the ICJ provisional measures, similar to those placed on Russia in the 2022 Russia Sanctions Act. NZ created the act three weeks into Russia's invasion of Ukraine and has since imposed sanctions on over 1,600 people and entities, including Vladimir Putin and his inner circle, following Russia's invasion of Ukraine two years ago till February 2024.

Regarding Israel, NZ has only placed sanctions in the form of travel bans on individual extremist settlers in the West Bank. However, these sanctions have little to no effect as the number of settler attacks on Palestinians and their property has increased. Sanctioning a few settlers will not help, while NZ turns a blind eye to ministers who arm and incite settlers to carry out attacks, e.g. Minster Ben Gvir, Bezalel Smotorich and Benjamin Netanyahu.

The Russia Sanction Act is a framework that can be easily copied and was purposed for responding to wars, severe human rights abuses, and emergency situations. NZ can sanction Israel by creating an "Israel Sanction Act". NZ's inability to do so thus far has highlighted its double standards when responding to war crimes and violations of international law.

The Israel Sanction Act could be tied to Israel's ability to meet its obligated provisional measures and prevent further Israeli impunity. For example, sanctions could be lifted if Israel meets the following:

1. Open all available land crossings to humanitarian aid trucks. 

- The only two available crossings are the Rafah and Kerem Shalom crossings[4]. Israel must open the Erez crossing to Palestinians in the north who are currently facing Israel-induced famine.

2. Guarantee the safety of all civilians, aid seekers, and coordinators of humanitarian aid.

- Israel requires the coordination of all movements of UN and aid agency personnel within Gaza. Despite coordination of aid, according to Human Rights Monitor, the Israeli military has killed at least 560 and injured 1,523 other Palestinians in incidents involving aid trucks amid it's war on Gaza from October 7 - to March 23[5]. The casualty tolls comprise Palestinian aid seekers, aid workers, and coordinators and distributors. 

3. To not deliberately obstruct lifesaving humanitarian assistance during a man-made famine.

- As of the 25th of March, Israel has intentionally blocked all UNRWA aid deliveries to northern Gaza, which, as mentioned earlier, 70% of the northern population is in a state of man-made famine[6]. UNRWA is the largest provider of humanitarian aid in Gaza, serving at least 1.7 million Palestinians in Gaza[7]. Intentionally blocking aid from a UN organisation that has a legal right to provide aid in Gaza, particularly during a famine, is a clear war crime[8]. 

4. To remove the repetitive bureaucratic procedures designed to slow aid delivery. 

- There was a 44% reduction in aid delivery during February compared to January[4]. The main blockers of aid entry are arbitrary denials by Israel and lengthy clearance procedures, which include repetitive screenings during narrow operating hours. Aid trucks, on average, wait 20 days during the screening process to be cleared to enter Gaza[4]. Trucks yet to be screened end up stranded in extensive queues[9].
-The screening process is also inconsistent, as trucks can pass one inspection only to be rejected in the second inspection despite having no change. Entire caravans are either arbitrarily rejected or due to items considered of "dual use"[10]. The dual-use list has arbitrary inclusions such as anesthetics, crutches, dates, fuel generators and oxygen tanks[11]. 

5. To not pursue ground and ariel operations in Rafah

- Rafah is the last “safe zone” for more than 1.5 million Palestinians. Palestinians have been repeatedly displaced in Gaza because Israel's actions contradict their statements[12]. Areas previously declared as "safe zones" are not safe at all. There is nowhere else for the Palestinians to go[13]. 

6. To not build illegal settlements and confiscate Palestinian land in the West Bank 

- On the 23rd of March, Israel announced their illegal seizure of 800 hectares of land in the occupied West Bank (Palestinian territory)[14]. This is also the largest land appropriation in over 30 years. Israel also plans to build 3500 illegal settlements in the West Bank[15]. Settlements, which involve the forced transfer of the local/indigenous population, are illegal in international law[16].