Calls on governments to use visa and immigration policies to oppose genocide and apartheid
Countering the wilful negligence and complicity of states in Israel’s genocide against 2.3 million Palestinians in Gaza, its illegal occupation and its 77-year-old regime of settler-colonial apartheid, human rights activists, organizations, as well as businesses are stepping in to uphold respect and ensure accountability in accordance with international law.
From small business owners demanding guests sign a pledge of non-involvement in war crimes to treks and tour companies declaring “war criminals are not welcome,” these courageous actions are defending the pillars of the international law system, even as Israel with US and European support dismantles it.
Yet, it is high time for states to take on their responsibility to ensure war criminals are not allowed into their territory and/or to prosecute them for their crimes.
The Palestinian BDS National Committee (BNC), as the largest coalition of Palestinian civil society and the leadership of the global BDS movement, calls on partners, allies and supporters across the world to pressure their governments to amend immigration and visa policies to align with international legal standards and obligations. Specifically, we demand the following actions:
- Terminate all visa waiver agreements with Israel.
- Institute screenings at immigration borders to check individuals of Israeli or other nationalities for possible involvement in war crimes, crimes against humanity, and genocide, including against Palestinians. Anyone credibly suspected to be responsible for involvement in such atrocity crimes should face accountability measures, including denial of entry and, where possible, legal action.
- If individuals suspected of involvement in international crimes slip through or somehow evade the screening process and are found within the third state borders, relevant authorities must investigate and, if warranted, prosecute them to the fullest extent of the law.
These measures are in line with legal obligations under international law, including the duty to not commit, not be complicit in, as well as to prevent, prosecute and punish genocide, apartheid and other atrocity crimes. This call focuses on complicity, not identity, and recommends the following criteria for screening:
- Anyone, regardless of carrying Israeli citizenship or otherwise, who has served in the Israeli military (including logistical and intelligence units) since October 7, 2023.
- Anyone who is reasonably suspected of aiding, assisting or conspiring in the commission of war crimes, crimes against humanity or genocide at any time, whether during military service or not.
- Anyone who is reasonably suspected of involvement in public incitement to commit war crimes, crimes against humanity or genocide at any time, whether during military service or not.
Also, any Israeli who resides or works in, and any Israeli or international who provides material support to, an illegal Israeli colonial settlement in the occupied Palestinian territory (OPT) including East Jerusalem, or in the occupied Syrian Golan Heights, is knowingly participating in a war crime and must therefore be held accountable.
Through this call, the BDS movement demands accountability in accordance with key United Nations General Assembly resolutions, International Court of Justice provisional orders and advisory opinion, ongoing International Criminal Court investigations, and reports and recommendations by UN human rights experts as well as Palestinian and international rights organizations pertaining to Israel’s ongoing genocide in Gaza, and its illegal regime of military occupation and apartheid.
Several states have screenings for war crimes as part of their visa application and immigration policy. Recently, the European Union has amended its mechanism of suspending short-stay visa-free travel to include human rights violations as grounds for suspension.
While such measures theoretically prioritize international law and human rights, their consistent and thorough implementation remains to be seen. It is incumbent on these states to eschew the hypocrisy they have shown so far in shielding the genocidal Israeli regime from accountability. It is equally important that such policies do not become tools of reinforcing violent immigration regimes, which already target the poor, refugees, migrants and people of colour.
Lately, such policy changes have begun to target potential Israeli war criminals. Colombia has announced a reversal of its short stay visa-free policy for Israeli citizens, though it is yet to be implemented. Visa screenings have led to denial of entry, and in other cases investigations have been launched against suspected Israeli war criminals and genocidaires when their presence was flagged.
Implementing screenings for war crimes, crimes against humanity, and genocide before granting visas to suspected Israeli war criminals, genocidaires and illegal colonial settlers is the first step in the direction of holding them accountable. It also would protect the safety and wellbeing of people across the world from those suspected war criminals.
This extends beyond a few individuals at the top. Hundreds of thousands of Israeli men and women have served in the military during this ongoing genocide, and the probability of their involvement in the commission of atrocity crimes is extremely high. All of them must be investigated and, if warranted, prosecuted to the full extent of the law.
Without such concrete measures, there is no deterrence against committing such crimes with impunity.
BDSmovement.net
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