Slovenia and Montenegro must stop the Portuguese-flagged MV Kathrin, believed to be carrying explosives bound for Israel, from docking at their ports, given the clear risk that such cargo would contribute to the commission of war crimes in Gaza, Amnesty International said.
According to Namibia’s government and Portugal’s Foreign Minister, the MV Kathrin’s cargo includes explosives destined for Israel. Namibian authorities refused to allow the vessel to enter its main harbour in August, citing information from the ship’s operator that its cargo includes eight containers of RDX Hexogen explosives bound for Israel. Statements from Slovenia’s Prime Minister’s office and Portugal’s Foreign Minister indicate the ship is heading for Montenegro and Slovenia’s port of Koper, where it will offload its cargo. It is unclear how the cargo will then reach Israel.
The deadly cargo believed to be on board the MV Kathrin must not reach Israel as there is a clear risk that such cargo would contribute to the commission of war crimes against Palestinian civilians.
Nataša Posel, head of Amnesty International Slovenia
“The deadly cargo believed to be on board the MV Kathrin must not reach Israel as there is a clear risk that such cargo would contribute to the commission of war crimes against Palestinian civilians,” said Nataša Posel, head of Amnesty International Slovenia.
“Namibia rightfully upheld its international obligations by ensuring that the MV Kathrin did not transit military cargo to Israel through its port. Now it is up to Slovenia, Montenegro and all other states to do the same and avoid facilitating an unlawful transfer.”
International humanitarian law (IHL) prohibits all states from transferring weapons to a party to an armed conflict where there is a clear risk that doing so would contribute to the commission of war crimes or other serious IHL violations.
Amnesty International has documented extensive evidence of war crimes committed by all parties to the most recent escalation of the conflict in Israel and the Occupied Palestinian Territory using a wide variety of arms. Amnesty International research shows that Israel’s military has used explosive weapons to carry out direct attacks on civilians and civilian objects and indiscriminate attacks in Gaza, blocked humanitarian assistance and collectively punished Palestinians over the past year.
States that continue to transfer arms to Israel are therefore acting in contravention of their obligations under Common Article 1 of the Geneva Conventions and must act to prevent all such transfers with urgency.
Furthermore, as State Parties to the Arms Trade Treaty, Montenegro, Portugal and Slovenia have committed to establishing the highest possible common international standards for regulating the international trade in conventional arms for the purpose of reducing human suffering. As flag state, Portugal must not use its vessel to transfer the explosives or must remove its flag so as not to assist in the transfer.
“Amnesty International is calling for an immediate arms embargo on Israel and on Palestinian armed groups in Gaza due to their use of weapons to carry out war crimes and other serious violations. Any state that knowingly transfers arms to the parties in this ongoing conflict, including via transit of ships carrying arms and explosives, risks breaching their obligation not to encourage, aid or assist in violation of the Geneva Conventions. Portugal, Slovenia and Montenegro must not facilitate any such weapons transfer to Israel,” said Nataša Posel.
Background
On 21 July, MV Kathrin embarked with its cargo from Vietnam’s Hai Phong port.
On 24 August, Namibian authorities revoked previously granted permission for the MV Kathrin to enter Namibia’s main harbor, citing information from the ship’s operator that some of the explosives on board were destined for Israel. This decision was based on concerns of potential complicity in war crimes in Gaza. MV Kathrin was scheduled to dock at Namibia’s Walvis Bay on 25 August.
On 31 August, the United Nations Special Rapporteur on the Occupied Palestinian Territories Francesca Albanese said that eight containers of explosives aboard MV Kathrin “are reportedly key components in the aircraft bombs and missiles” used by Israel against Palestinians. Albanese called on other states to block the ship from docking at their harbours.
States must respect their legal obligations under Common Article 1 of the Geneva Conventions and should halt immediately all transfers of arms to Israel