Thursday, July 18, 2024

Israel must be suspended for violating FIFA statutes, say human rights lawyers

July 18, 2024 


Palestine Football Association President Jibril Rajoub makes a speech during the 74th FIFA Congress in Bangkok on 17 May 2024 
[MANAN VATSYAYANA/AFP via Getty Images]

Israel must be banned from any football-related activities for violating FIFA’s statutes amid the war against the Palestinians in the Gaza Strip, according to an independent legal analysis by lawyers who specialise in international law and human rights.

The Palestinian Football Association (PFA) had submitted a proposal to suspend Israel in May, with FIFA ordering an urgent legal evaluation, while promising to address it at an extraordinary meeting of its council in July, Reuters has reported. PFA President Jibril Al-Rajoub said that FIFA could not afford to remain indifferent to “violations or to the ongoing genocide in Palestine.” The Asian Football Confederation had also given its backing for action against Israel.

Attorney Max du Plessis, who was part of the case brought by South Africa at the International Court of Justice (ICJ) accusing Israel of genocide, co-wrote the latest analysis along with Sarah Pudifin-Jones after they were approached by Eko, a social justice NGO.

“There can be no doubt that Israel’s conduct in Palestine has undermined, and continues to undermine, FIFA’s objectives,” said the lawyers. “Israel has violated the internationally recognised human rights of Palestinians, contrary to Article 3. It has discriminated and continues to discriminate against Palestinians on the basis of race, national origin and birth in direct contravention of Article 4(1).”

Moreover, “Its conduct undermines the humanitarian objectives described in Article 5.1(b). Israel’s conduct demands censure, in line with the position adopted by FIFA in relation to similar egregious violations of its objectives and internationally recognised human rights.”

The Palestinian proposal accuses the Israel Football Association (IFA) of complicity in violations of international law by the Israeli government and discrimination against Arab players. The IFA rejected the allegations.

Eko said that its petition calling on FIFA, the International Olympic Committee and sporting federations to ban Israel from international sport had received over 380,000 signatures.

In recent years, whenever the PFA proposed motions to suspend Israel, FIFA did not impose sanctions, declaring in 2017 that the matter was closed and not subject to further discussion until the legal or de facto framework changed. The new analysis argues that developments since last October have given rise to “a new legal framework that necessitates FIFA’s intervention”.

Al-Rajoub had cited precedents at the FIFA Congress and the analysis said the suspension of Israel would be in line with FIFA’s past decisions to suspend or expel member associations that violate its objectives. The Football Association of South Africa, for example, was suspended in 1961 due to the country’s apartheid policy while Yugoslavia was banned in 1992 following UN sanctions amid the Serb-dominated government’s aggression in the Balkans.

Most recently, in 2022, both FIFA and its European counterpart UEFA acted swiftly to suspend Russian teams from their competitions following the country’s invasion of Ukraine.

Critics have accused Israel of committing genocide against Palestinians, which Israel denies. Israel characterises its actions as self-defence to prevent another attack like the one on 7 October, although the ICJ ordered Israel in January to take action in order to prevent acts of genocide.

Reuters has contacted FIFA for comment.

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