By Mass L. Usuf –

Mass Usuf

“In the End, we will remember not the words of our enemies, but the silence of our friends.” ~ Martin Luther King Jnr.

Speaking about the United States of America he says, “the Americans wake up every day to the subversive nature of the international Jews. They use their positions within the media, the government, the banking system and financial institutions, the academia and the court system to take full control.” The disgust expressed by the Alt-Right internet personality Stew Peters in the Stew Peters Show.

In Gaza, the subversive nature of the Israelis is fixed with the obsession to wholesale exterminate a sizable portion of the population with the objective of altering the demography and geography of the Palestinian land.

The Al Jazeera end February 2025 count of the genocide was at least 62,000 deaths and 111,588 injured. Among the dead are at least 17,500 children. Add to this the murders committed during this month. Deaths due to traumatic injuries are estimated at more than 70,000, vide the Lancet Medical Journal. As per the UN, Gaza now has the highest number of child amputees per capita anywhere in the world.

Erga Omnes and Sri Lanka

The truism of Israel’s genocidal pursuit is now undeniably beyond doubt. Hence the collective global outcry of denouncement. Israel is clearly continuing to violate the right of the Palestinian people to self-determination and violated the prohibition of the use of force to acquire territory and several other obligations under international humanitarian law and international human rights law.

Such violations according to international law creates obligations on the other States of the world. The ICJ ruling in Para 274 stresses on the obligation of erga omnes (towards all). A principle initiated in the Barcelona Traction case “in view of the rights involved, all States can be held to have a legal interest in their protection.”  (ICJ Reports 1970).  Therefore, Sri Lanka is also obliged under this legal principle to protect the rights of the Palestinians and not to honeymoon with Israel.

As a signatory to the Charter of the United Nations, Sri Lanka is further obliged, “every State has the duty to promote, through joint and separate action, the principle of equal rights and self-determination of peoples, …”  (General Assembly Resolution 2625 (XXV)).

Sri Lanka is obliged by the General Assembly calling on all States, “Not to recognize any changes made by Israel to the pre-1967 borders,.” and not to enter into agreements which imply recognition of Israeli sovereignty over the territories occupied. To respect international law, including through measures of accountability..” (Resolution 74/11 (2019)). Also, referenced by ICJ in Para 277.

There is no doubt

Sri Lankan government need not be ambivalent. The absolute illegality of Israeli action has been highlighted in Para 276. The Court notes that the Security Council has declared, that “all measures taken by Israel to change the physical, demographic, institutional structure or status of the Palestinians, including Jerusalem, or any part thereof have no legal validity” (Security Council resolution 465 (1980)).

A further obligation on Sri Lanka is, as the Court emphasized all State parties to the Fourth Geneva Convention have the obligation, while respecting the Charter of the United Nations and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.

As a member of the international community, the Sri Lankan government must seriously consider its position under the principle of Jus cogens. At Para 278 of the ruling: The Court distinguishes dealings with Israel between its own territory and the Occupied Palestinian Territory. In this context, calls upon states to abstain from entering into economic or trade dealings with Israel concerning the Occupied Palestinian Territory or parts thereof; to abstain, in the establishment and maintenance of diplomatic missions in Israel, and to take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory (See I.C.J. Reports 1971, pp. 55-56, paras. 122, 125-127).

Para 279 clearly calls on all States not to render aid or assistance in maintaining the situation created by Israel’s illegal presence in the Occupied Palestinian Territory. All States must ensure that the impediments created by Israel occupation is brought to an end.  This includes Sri Lanka as well.

Sri Lankan Gaza

There are three significant areas that are of concern for citizens of Sri Lanka. Firstly, the government must desist from soft peddling the gravity of this humanitarian catastrophe. Like the UN Special Rapporteur Francesca Albanese said, “how can the politicians look at their children seeing the massacre of the children of Gaza.” The government is urged to unequivocally take positive and meaningful steps in upholding the Resolutions of the Security Council, of the UN General Assembly, the directions of International Court of Justice, the highest court of the world and, all international legal norms and the several conventions.

Secondly, Sri Lanka has to rethink its policy of engaging with Israel diplomatically, economically, supply of labour and in other areas as unambiguous strictures have been issued by the ICJ against such engagements on the principle of erga omnes and other legal findings enunciated by the Court.

Thirdly, Sri Lankans are a people who are hospitable, smiling and humble towards foreigners. However, there is a growing unrest as seen in social media among Sri Lankans specifically, among those living in the tourism centres.  Allegations of the arrogance and high handedness of Israel tourists is abounding. Not to mention, allegations of illegal business ventures, unlawful religious centres, the Israelis dominating our tourism landscape over and above the locals and so on. These are alleged not only to affect the locals but also towards other tourists in the vicinity. This is obviously a damning development

The hallmark in the horizon is a ‘Sri Lankan Gaza’ in the offing, some concerned citizens say. The Israelis cannot be trusted as evident by Victor Otrovsky’s revelations in his, ‘By way of deception’. Israeli barbarism is overwhelmingly evident in the genocide. Netanyahu is an indicted war criminal wanted in the International Criminal Court. The Israelis are being shunned and rejected by many countries worldwide. Their savagery makes them unfit for a civilised environment. Worst of all, the Sri Lankans feel the way the Israel tourists conduct themselves in our country is abominable. These are strong sentiments expressed by the disgusted Sri Lankans. If there is a backlash against the Israelis and if a travel advisory is issued by the cohort countries, Sri Lanka will be in a deep soup.

A wise Government would foresee these negatives and stop honeymooning with Netanyahu and his government.

*Mass L. Usuf, LL. B (Hons) U.K., Attorney at Law (Ex-Advisor to former Presidential Private Department of UAE). Can be reached via email at: ctcolumn@yahoo.com