BLOCK THE BOAT

The chain of complicity

In maritime transfer, in particular, the supply chain that enables Israeli crimes includes multiple layers of state responsibilities and corporate actors that are knowingly violating international law. These include: 

(1) Access to ports and territorial waters

(2) Concession of flags to the vessels

(3) Shipowners, ship managers and operating companies 

(4) Insurance companies 

Workers in the ports, on the vessels, in the companies, and in the government offices involved end up implementing illegal transfers, most often without their knowledge and/or consent. 

Our context-sensitive approach 

For States to fully comply with their obligations under international law, they must take immediate and concrete steps to stop shipping to/from Israel at all four levels detailed below. 

Nevertheless, the global BDS movement always takes a gradual, sustainable, and context-sensitive approach to our campaigning. Pressure your government to incorporate at least one, and as many as possible, of these levels into a policy prohibiting transfer to/from Israel:

Level 1: Direct and indirect transfer of weapons, military, and dual-use equipment, or fuel/energy potentially used for military purposes destined for Israel, its military industries, or other relevant companies.

Level 2: Transfer of weapons, military, and dual-use equipment produced by the Israeli military and the “security” industry from Israel. Such imports directly sustain Israel’s military capacity, and banning them is an essential part of a military embargo.

Level 3: Transfer of goods that originate in Israel’s illegal settlements in the occupied West Bank, including East Jerusalem and the occupied Syrian Golan Heights from Israel.

Level 4: Transfer to and from Israel of goods that imply recognition of or render aid or assistance for Israel in its illegal presence in the occupied Palestinian territories.

Various elements that enable illegal maritime transfers to/from Israel

I. Access to ports and territorial waters 

Ports are a central element in the illegal maritime transfer of military or dual-use supplies, including energy supplies, to and from Israel. Vessels depart from ports, offload/upload shipments, and receive provisions and fuel in intermediary ports. 

Port authorities are often state agencies. Even in privatized cases, access to the ports requires permission by the state to enter territorial waters and may include the execution of state functions, such as customs inspections. Further, the companies running privatized ports are under the jurisdiction of the state, which is obliged to ensure that they comply with national and international laws and regulations.

As the authoritative study by Dr Irene Pietropaoli, Senior Fellow in Business and Human Rights, British Institute of International and Comparative Law (BIICL), states:

“Pursuant to customary international law, as largely codified in Articles on States Responsibility, a State that aids or assists another State in the commission of an internationally wrongful act is responsible for doing so if that State does so with the knowledge of the circumstances of the internationally wrongful act and the act would be internationally wrongful if committed by that State. This applies to arms transfers, as well as to other forms of support that make a significant contribution to the unlawful acts such as logistical, technical or financial support, intelligence, or provision of other equipment.”

A growing number of states across the globe are already restricting access to vessels carrying illegal military shipments or other shipments to Israel. Already on December 20, 2023, Malaysia set a precedent by banning vessels from the deeply complicit Israeli shipping company, ZIM, as well as any other vessel flying the Israeli flag or headed for Israeli ports, from docking at Malaysian ports. 

While not many states have emulated the Malaysian model so far, some African and European states have barred particular vessels and/or installed policies that bar vessels carrying military equipment to Israel. 

Dock workers and their unions in Belgium, Catalonia, Italy, Greece, Turkey, the US, and elsewhere have also led courageous solidarity actions to block arms shipments to Israel. We call on all friendly states and trade unions to follow these inspiring acts of solidarity to help end Israel’s regime of genocide, apartheid, and illegal occupation.

BDS activists and allies launched the No Harbour for Genocide initiative when they discovered two vessels carrying jet fuel used for Israel's Air Force F16 and F35 warplanes among others from the US to Israel.

Illegal transfers to Israel and the Obligations of coastal states

States are responsible for exercising effective jurisdiction and control over their territorial waters and ports. The passage through territorial waters is governed by international law, primarily the United Nations Convention on the Law of the Sea (UNCLOS) as well as peremptory norms of international law. A state has the right and duty to prevent passage when the vessel or its cargo poses a threat to fundamental principles of international law. 

The ports – and airports – are full sovereign territory of states. Illegal transfers to or from Israel that go through these ports and help to maintain Israel’s regime of military occupation and apartheid make the state and its port authorities directly complicit in Israel’s war crimes, crimes against humanity and genocide. 

States have the right and duty to stop passage through territorial waters of vessels and to block them from entering and receiving services from their ports. Once in their ports they may detain, investigate and hold accountable any vessel to ensure that no illegal transfers transit through their territory. They have a duty of due diligence to ensure they uphold their obligations under international law.

II. What are “Flag States,” and what is a “Flag of Convenience”?

No vessel sails without a flag.

International law requires that merchant ships be registered in a host country. Registration in a shipping register gives the ship the right to fly a country’s flag. The ship is then bound to carry the flag of that State and follow its rules and regulations. Its host country is required to inspect the ship periodically. 

For a country to be included in the list of flag States, it must have the necessary maritime infrastructure—both financial and technical—and should, most importantly, adhere to all the norms and regulations established by the International Maritime Organisations (IMO).

Owners of ships are not obligated to register with the country where they are headquartered. They can choose a “flag of convenience” (FOC) and register the vessel in a country different from where they are headquartered, reside, or hold citizenship. 

According to UNCTAD, almost 73% of the world fleet is flagged in a country other than that of the vessels’ owner. This means that the illegal shipments to Israel are often carried out under flags of countries that did not export the cargo, nor will the vessel ever transit through their seas. 

States offering FOC

At least 43 countries worldwide have been declared FOCs by the International Transport Workers’ Federation (ITF) Fair Practices Committee (a joint committee of ITF seafarers' and dockers' unions):

• Antigua and Barbuda; Bahamas; Barbados; Belize; Bermuda; Bolivia; Cameroon; Cayman Islands; Comoros; Cook Islands; Curacao; Cyprus; Equatorial Guinea; Eswatini; Faroe Islands; French International Ship Registry (FIS); Gabon; German International Ship Registry (GIS); Georgia; Gibraltar; Honduras; Jamaica; Lebanon; Liberia; Malta; Madeira; Marshall Islands; Mauritius; Moldova; Mongolia; Myanmar; North Korea; Palau; Panama; San Marino; Sao Tome and Príncipe; Sierra Leone; St Kitts and Nevis; St Vincent; Sri Lanka; Tanzania (Zanzibar); Togo; Vanuatu.

In the total amount of tonnage shipped worldwide, Panamá and Liberia lead the flags of registration. 

Many States are not listed as FOC but also offer flags on the market for shipments from other countries.

Illegal transfers to Israel and the Obligations of Flag States

A flag State is responsible for exercising effective jurisdiction and control over vessels flying its flag. This relationship is governed by international law, primarily by Article 94 of the United Nations Convention on the Law of the Sea (UNCLOS), which enshrines a clear set of rights and duties for the flag State. 

1. Regulatory Control: The flag State has the right to inspect, detain, and regulate ships flying its flag to ensure compliance with national and international regulations. 
2. Ensuring Compliance with International Law: The flag State is responsible for ensuring its ships comply with international conventions. 
3. Exercising Effective Control: The flag State has a duty to exercise effective control over its ships to prevent ships from engaging in unlawful acts.

III. Shipping Companies, ship owners and managing companies 

Shipping companies, owners and managers are central to the maritime transfers from and to apartheid Israel. The efforts to target shipping companies and blockade their vessels started globally in 2010, after Israel’s assault on the Freedom Flotilla, which set sail to break the siege on Gaza after the 2008/9 large scale massacre and military assault there. They followed the calls from the Palestinian BDS National Committee, including all major Palestinian trade union bodies, to port workers across the globe to take action to end complicity with Israel’s regime of oppression as was done against apartheid South Africa.

ZIM 

ZIM, the largest Israeli shipping line, plays a key role in ensuring Israel receives the necessary supplies to continue its regime of apartheid, illegal military occupation and now genocide, and is able to sustain its crimes through continuous exports. ZIM has played a key role in Israel’s settler-colonial regime from its very beginnings.

During Israel’s massacre in Gaza in 2008-09, the BDS movement called on dockworkers to refuse to load and offload Israeli ships. In response, in 2009, the South African Transport and Allied Workers Union (SATAWU) in Durban was the first in the world to refuse to offload an Israeli ship. The campaign to block the vessels of ZIM gained traction across the globe in 2010 and dockworkers and activists successfully blocked their vessels from Australia to India, South Africa, Italy, Sweden and the US. 

The BlocktheBoat campaign continued with efforts to stop a ZIM ship from docking. In 2014 a massively successful BDS effort, with community supporters and workers, gave rise to the Block the Boat Coalition. In 2018, Tunisian trade unions led an effort to stop a ZIM ship from docking, and a Day of Action in 2021 saw actions in 8 ports across the US and Canada as well as in South Africa. The Arab Resource and Organizing Center (AROC) has played a leading role in organizing the community in Block the Boat campaigning in California and beyond.

With the start of the genocide in Gaza in 2023, dockworkers and BDS activists blocked ZIM vessels once again in Australia, across Mediterranean ports, and in the US.

Malaysia set a precedent by banning Israel-bound vessels, particularly ZIM’s, from docking in its ports. Belgian organisations filed a criminal procedure against ZIM Integrated Shipping Services Ldt, publicly held Israeli international cargo shipping company based on evidence that the vessel had transited through the port of Antwerp to Ashdod and Haifa, while carrying ammunition, and possibly other military-related materials. 

MAERSK

The detailed report by the Palestinian Youth Movement (PYM) and Progressive International on the involvement of the Danish MAERSK, one of the leading shipping companies globally, in the illegal transfer of military supplies from the US Ministry of Defense to Israel throughout the Gaza genocide has given the Mask off MAERSK campaign international traction. Mobilization against MAERSK’s shameful complicity in genocide has spread. A further investigation revealed the company is also complicit in transporting cargo from Israel’s illegal settlements–a war crime under international law.

BDS activists and trade unions from the US, Portugal, Spain, Morocco and Denmark have taken action to block the vessels involved in the illegal transfer of military supplies to Israel from docking.   

Other companies 

In Malaysia, police has taken up the demand by BDS Malaysia to investigate the Asean headquarters of Ocean7, the ship operator of the MV Kathrin, which carried military explosives for Elbit Systems to Israel during the genocide. 

Greek dockworkers stopped the MSC Altair, a vessel carrying military supplies to Israel, run by the MSC Group. 

#MilitaryEmbargo

The effort to stop the illegal maritime transfers is a fundamental element of the larger campaign to to impose a #MilitaryEmbargo against Israel. It has gained unprecedented traction among grassroots activists, trade unions, and student groups, among others, and has now been taken up by the United Nations Human Rights Council and General Assembly, dozens of UN human rights experts, and a growing number of governments as well. 

We must organize to pressure governments and corporations to take effective and decisive action to stop the direct and indirect transfer of military and dual-use supplies to and from apartheid Israel. 

Legal Obligations Regarding Arms Transfers 

The Arms Trade Treaty (ATT) clarifies that States Parties have the obligation to deny arms exports if they “know” that the arms “would” be used to commit international crimes or if there is an “overriding risk” that the arms transferred “could” be used to commit serious violations of international humanitarian law. Under Article 6(3) of the ATT, States Parties undertake not to authorize any transfer of arms if they know that those would be used in the commission of war crimes, crimes against humanity, or genocide. 

On January 26, 2024, the International Court of Justice (ICJ) declared there is a plausible genocide being carried out by Israel against the Palestinian people in Gaza. Moreover, in its Advisory Opinion of July, the ICJ determined that Israel’s presence in the Occupied Palestinian Territory (OPT), including its military occupation and settlements, is unlawful and must be brought to an end as rapidly as possible. The Court found that Israel’s policies and practices breach the right of the Palestinian people to self-determination. The inaction and direct complicity of most States will only reinforce the status quo, which means the continued denial of the Palestinian people its' right to self-determination and the prevalence of an international order based on “might makes right,” not the rule of law. 

The UNHRC resolution A/HRC/55/L.30 of April 5, 2024, "calls upon all States to cease the sale, transfer and diversion of arms, munitions and other military equipment to Israel, the occupying Power, to prevent further violations of international humanitarian law and violations and abuses of human rights, and to refrain, under international norms and standards, from the export, sale or transfer of surveillance goods and technologies and less-lethal weapons, including “dual-use” items, when they assess that there are reasonable grounds to suspect that such goods, technologies or weapons might be used to violate or abuse human rights.” 

Statements by dozens of UN human rights experts are calling for a military embargo on Israel due to its illegal occupation and its commission of a plausible genocide in Gaza, as the ICJ determined earlier in 2024. 

The UN General Assembly’s resolution of September 18, 2024, calls upon all States: “To take steps towards ceasing [...] the provision or transfer of arms, munitions, and related equipment to Israel, the occupying Power.”

On September 20, 2024, the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, issued a detailed interpretation of the legal obligations of states. It said: “States have a duty to conduct a due diligence review of all transfer and trade agreements with Israel, including but not limited to equipment, weapons, munitions, parts, components, dual-use items, and technology, to determine whether the goods or technology subject to the transfer or trade contribute to maintaining the unlawful occupation or are used to commit violations of international law. This includes both preexisting agreements and future transfers to Israel. States are obliged to demonstrate that Israel is not using any transfer or trade relating to military capability to maintain the unlawful occupation or commit violations of international law. [...] This restriction on military-related relations also applies to research and development cooperation with Israel, engaging in joint training and military exercises with Israel, and any imports from Israel that provide funding and economic support to Israel to maintain the unlawful occupation.”

On November 4, 2024, over 50 States signed a letter to the UN Secretary-General, initiated by Turkey, demanding “immediate steps to be taken to halt the provision of arms, munitions, and related equipment to Israel, the occupying Power.” The letter asserted, "Decisive actions are urgently needed to stop this dangerous trajectory, to end impunity and ensure accountability for all violations, in line with obligations under international law.” This was reiterated during the resolution of the emergency Arab Islamic summit on  November 12, 2024, which called on “all countries to ban the export or transfer of weapons and ammunition to Israel” and urged for more countries to join the Turkish initiative.