Abstract
Objective: This article elucidates the pillars of establishing international responsibility for states supporting Israel, specifically the U.S. and the U.K., regarding ongoing violations of international law in the Gaza war. Citing reports on the breach of jus cogens norms, the research question examines how these states’ support creates international legal responsibility. The hypothesis posits that their military, political, and diplomatic assistance—provided with knowledge of the wrongful nature of the acts—constitutes “aid or assistance” under Article 16 of the Articles on State Responsibility (2001) and the Genocide Convention (1948).
Method: Employing a descriptive-analytical approach, this study utilizes primary documents and international jurisprudence to analyze these states’ breaches of obligations, particularly in arms cooperation and the failure to fulfill the duty to prevent international crimes.
Findings: The findings indicate that the continued transfer of weapons and the refusal to exert effective leverage to halt violations not only breach independent obligations but also satisfy the criteria for responsibility through complicity and “joint control” theories. The article concludes that the conduct of the U.S. and the U.K. establishes their international responsibility. Consequently, specific enforcement mechanisms are proposed, including the suspension of arms export licenses pursuant to the Arms Trade Treaty (2014) and the activation of international judicial jurisdictions to investigate participation in these wrongful acts. This analysis demonstrates that such support carries significant legal consequences, necessitating accountability to ensure compliance with international law and the protection of fundamental human rights.