AOAV’s submission to the HRC 58 Report on Human Rights in the Occupied Palestinian Territory (oPt)

Context
In late 2024, the UN Special Rapporteur called for input for the Human Rights Council 58th session, asking for evidence examining the role of private entities—including financial institutions, universities, private military and security companies, and weapons manufacturers—in supporting Israel’s occupation and apartheid regime in the occupied Palestinian territory (oPt). It wanted contributions to address international law violations, compliance with due diligence obligations, and alignment with mechanisms like the Arms Trade Treaty and the Guiding Principles on Business and Human Rights.

Introduction
Action on Armed Violence (AOAV) is a UK-based charity dedicated to research and advocacy in reducing the harm caused by armed violence. Since 2011, AOAV has documented the effects of explosive weapons in populated areas and advocated for stronger international legal frameworks to protect civilians in conflict zones. This submission aims to contribute to the Special Rapporteur’s report for the 58th session of the Human Rights Council, and focuses on the involvement of private entities in the ongoing Israeli occupation of the Palestinian territories since 1967. This report highlights how these entities, through the provision of military hardware, security services, and financial support, have enabled and exacerbated the systematic violations of the human rights of Palestinians. We argue that the financial involvement of these entities should be viewed against the backdrop of the International Criminal Court (ICC) investigation into the situation in Palestine (2014); the advisory opinions of the International Court of Justice (ICJ); the legal obligations imposed under the Arms Trade Treaty (ATT); and the Guiding Principles on Business and Human Rights.

1. Private Sector Contributions to Establishing and Maintaining Israel’s Presence in the oPt Since 1967

Since 1967, the private sector has played a crucial role in maintaining Israel’s illegal occupation, racial segregation, and expansionist policies in the oPt. This has primarily been through the supply of military equipment, construction services, and surveillance technology that support the infrastructure of occupation.

1.1. Arms Manufacturers

Arms manufacturers from the UK, the US, and other countries have been central to maintaining Israel’s military dominance in the oPt. Notably, companies like BAE Systems (UK), Raytheon Technologies (US), Elbit Systems (Israel), and Boeing (US) have supplied critical components for military hardware that Israel uses in operations in Gaza and the West Bank.

• BAE Systems (UK): The UK-based arms manufacturer has supplied components for Israel’s fleet of F-35 fighter jets. Since 2016, it has been reported that approximately 15% of each F-35 aircraft is made up of components produced by BAE. These jets have been extensively used in military strikes against Palestinian civilian areas, including the July 2024 bombing of the Al-Mawasi humanitarian zone. This attack resulted in widespread civilian casualties, including women and children, raising serious concerns under IHL regarding proportionality and distinction. Recent findings by the Campaign Against Arms Trade (CAAT) and the World Peace Foundation highlights that BAE Systems has had more meetings with senior British government ministers, including multiple engagements with prime ministers, than any other private company. This exceptional access appears to have contributed to an arms export control regime marked by considerable leniency, which has enabled the continued export of weapons implicated in severe humanitarian abuses in Yemen and Palestine.[1]
• Elbit Systems (Israel): Elbit Systems, Israel’s leading defence contractor, supplies drones such as the Hermes 450 and Hermes 900, which have been pivotal in targeted strikes and surveillance operations over Gaza. Following 7 October, Elbit Systems, has confirmed a marked increase in demand from Israel’s Ministry of Defence (IMOD), leading the company to expand production, develop new systems, and recruit hundreds of additional employees. This response underscores the close operational ties between Elbit Systems and the IMOD, raising concerns regarding the company’s involvement in activities linked to unlawful killings.[2]
• Raytheon Technologies (US): Raytheon provides key missile systems, including the Iron Dome system and precision-guided munitions, which Israel has used extensively in its military operations. The indiscriminate use of such munitions in densely populated areas like Gaza, where civilians, including children, are often the primary victims, raises concerns under the Fourth Geneva Convention and Protocol I, relating to the protection of civilians during armed conflict.
• Boeing (US): The Boeing Company, an American multinational corporation, supplies the Israeli military with various armaments, including Joint Direct Attack Munitions (JDAM), attack helicopters, fighter jets, and missiles. JDAMs have played a central role in Israel’s military operations in Gaza since October 2023. According to Amnesty International, US-made JDAMs were identified in Israeli airstrikes on residential areas in Occupied Gaza in October 2023, resulting in the unlawful targeting of Palestinian homes filled with civilians. These strikes reportedly killed 43 civilians, including 19 children and 14 women.[3]

1.2. Construction and Engineering Companies

Construction firms have played a significant role in the physical expansion of illegal settlements in the West Bank, contributing to the forcible transfer of Palestinian communities and the annexation of Palestinian land in violation of the Fourth Geneva Convention.

• JCB (UK): JCB’s construction machinery, particularly its bulldozers, have been extensively used by Israeli authorities for the demolition of Palestinian homes and the construction of illegal Israeli settlements. The use of such equipment is integral to Israel’s broader strategy of land appropriation and displacement, which the International Court of Justice (ICJ) ruled unlawful in its 2004 Advisory Opinion on the separation wall. Despite widespread criticism, JCB continues to export machinery to Israel, profiting from human rights violations. Amnesty International’s Evidence Lab released an interactive map in 2021, documenting numerous incidents in which JCB machinery was used to demolish Palestinian residential and farm structures, destroy water pipelines, and uproot significant numbers of olive trees and other agricultural produce. This evidence exposes the recurring role of JCB equipment in actions that have led to the loss of vital housing, agricultural resources, and infrastructure for Palestinian communities.[4] JCB’s “Livelink” technology enables the company to monitor the location and use of its machinery in real time and provides the capability to remotely deactivate equipment in cases of misuse.[5] Despite possessing the technology to intervene, JCB’s continued provision of machinery to Israel despite awareness of its machinery’s use in alleged crimes, arguably violates the thirteenth guiding principle of the UN’s guiding principles on Business and Human Rights (UNGPs), which states that businesses should seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations and products.[6]
• Caterpillar (US): Caterpillar’s D9 armoured bulldozers have long been used by the Israeli military for house demolitions and military incursions in the West Bank and Gaza. These demolitions are often conducted without warning, contributing to the forced displacement of Palestinian families and the destruction of critical infrastructure, including schools, hospitals, and places of worship. Caterpillar D9 bulldozers have been instrumental in recent Israeli military operations in Gaza. According to a report by the organisation Who Profits, in November 2023, the IMOD expedited an order for additional D9 bulldozers through Zoko Enterprises to support intensified military activities. These bulldozers have since played a critical role in operations impacting civilians, notably in the March 2024 military raid on al-Shifa Hospital in Gaza City, where patients and medical staff were present.[7][8] Caterpillar is arguably violating guiding principle fifteen of the UNGP which states companies must have a due diligence process which access human rights. This principle also mentions the importance of companies’ role in remediation which refers to the idea of remedying the harm caused by their products.[9]

1.3. Financial Institutions

International financial institutions, including pension funds, banks, and insurance companies, have also facilitated the occupation by providing direct and indirect investment in companies involved in settlement construction, military production, and resource extraction in the oPt. The Deadly Investments report by War on Want reveals that multiple financial organisations give both loans and hold shares in arms companies.[10]

• HSBC (UK): In a recent report looking into financial investment into six weapons-producing companies, including Boeing, Lockheed Martin and Raytheon, the NGO PAX noted that HSBC holds €599 million share and €36 million bonds across companies supplying equipment to the Israeli military.[11] HSBC was also reported to have given $1.2 billion worth of loans to companies arming Israel. These investments raise ethical concerns about the bank’s support for industries linked to prolonged conflict and human rights issues in the Palestinian territories.[12]
• Barclays (UK): Barclays has come under renewed attacks in a briefing published by War on Want which states that the bank invests £2 billion and provides a further £6.1 billion in loans and underwriting to nine companies whose weapons, components, and military technology are used by Israel’s regime.[13]
• BlackRock (US): As one of the world’s largest asset management firms, BlackRock has been reported to be investing $30,570,643,275 in arm companies that are being deployed in Israel.[14] This includes Lockheed Martin, where it has been noted to have a 7.2% stake, and Raytheon.[15] BlackRock’s financial stakes in companies such as Lockheed Martin and Raytheon, which supply arms used in the Occupied Palestinian Territories, underscore the role of investment firms in perpetuating the occupation and associated violations of human rights. This investment continues despite knowledge of how arms are being misused and means companies like HSBC, Barclays and BlackRock risk being in violation of the fifteen guiding principle of the UNGPs, which states that companies have a due diligence process to mitigate and prevent human rights impact.[16] .

2. Private Entities with the Most Detrimental Impact on Palestinian Rights

Several private entities—both Israeli and international—have played a direct role in undermining the fundamental rights of Palestinians, particularly the right to life, property, and movement. The most prominent among these are arms manufacturers, construction companies, and technology firms.

2.1. Arms Manufacturers and the Military-Industrial Complex

The global military-industrial complex has been at the forefront of providing Israel with the weapons, surveillance systems, and technology used in its military operations. These companies directly profit from Israel’s military actions, despite widespread evidence of violations of IHL.

• Lockheed Martin (US): Lockheed Martin is the primary contractor for Israel’s F-35 stealth fighter jets. These jets have been involved in numerous airstrikes in Gaza, often in densely populated areas, contributing to a high civilian death toll. In 2022, it was reported Lockheed Martin’s weapons were in Israel’s Operation Breaking Dawn, this was a three day unprovoked offensive which resulted in the killing of 33 Palestinians including 17 civilians.[17] Amnesty International’s report They Were Just Kids outlines a series of war crimes which took place during this operation, highlighting the arms companies direct role in aiding unlawful killings of civilians.[18] Lockheed Martin’s sales to Israel are also heavily subsidised by US military aid further entrenching the relationship between private profit and state-sanctioned violence. Investigative outlets Declassified and The Ditchhave found that F-35 jet parts have been secretly transported to Israel from a British air force base in Norfolk since November 2023. In six of the seven shipments of F-35 parts from RAF Marham, the registered sender was the Lockheed Martin UK.[19] It has been revealed that one of Israel’s F-35 jets was involved in an attack in Gaza on the designated safe zone of Al-Mawasi. 90 people were killed in the attack and at least 300 more were injured.[20]
• Teledyne Defence & Space (UK): Teledyne provides critical components for the precision targeting systems used by the Israeli military in missile strikes. The company’s products have been linked to the use of AGM-114 Hellfire missiles and other precision-guided munitions, which have caused significant civilian harm in Gaza. Despite calls for accountability, Teledyne continues to supply Israel, profiting from the ongoing conflict.

2.2. Technology Firms and Surveillance Companies

In addition to arms manufacturers, technology firms that specialise in surveillance and security technologies have played an essential role in maintaining the occupation by providing the Israeli state with the means to monitor and control the Palestinian population.

• NSO Group (Israel): The NSO Group, infamous for its Pegasus spyware, has supplied Israeli security forces with technology that allows for extensive surveillance of Palestinian civilians. In October 2021, the human rights organisation Front Line Defenders (FLD) began collecting data on the suspected hacking of the devices of several Palestinians working for civil society organisations based in the West Bank. FLD’s analysis indicated that six devices belonging to six Palestinian human rights defenders were hacked with Pegasus.[21] This highlights a potential misuse of NSO’s technology and the violation of Palestinians’ right to privacy through surveillance under the guise of potential danger.[22]
• Palantir Technologies (US): Palantir provides the Israeli military with advanced data analytics software used in the “Predictive Policing” of Palestinians. This technology enables the Israeli state to pre-emptively detain Palestinians based on algorithmic predictions of potential criminal behaviour, a practice that violates fundamental principles of due process under international human rights law. For example, Palantir has come under scrutiny due to its software being used by the Israel government to create kill lists which place innocent palestinian civilians in danger. The +972 Magazine report details how the Israeli military uses powerful algorithms to sort through enormous volumes of surveillance data, phone, text, and digital to come up with lengthy kill lists of targets.[23]

3. The Role of Private Military and Security Companies (PMSCs) and Weapons Manufacturers (WMs) in Violations of International Law

Private military and security companies (PMSCs) and weapons manufacturers (WMs) have been key actors in aiding and abetting violations of international law in the oPt. These entities provide direct military services, weapons, and technology that enable the Israeli state to carry out actions that breach IHL and IHRL.

3.1. Private Military and Security Companies (PMSCs)

PMSCs have played a growing role in Israel’s military operations in the oPt, providing personnel, intelligence, and logistical support. These companies are often contracted to protect illegal Israeli settlements, enforce control over Palestinian movement, and assist in the construction of military infrastructure.

• G4S (UK): G4S has provided security services to Israeli prisons where Palestinians are detained, often without trial, in violation of international law. The company has been linked to the operation of checkpoints and the construction of the separation wall, both of which severely restrict Palestinian freedom of movement and contribute to the racial segregation that characterises Israel’s apartheid regime. Lawyers for Palestinian Human Rights (LPHR) argue that equipment supplied by the G4S to the Israeli military contributes to the adverse human rights impacts experienced by Palestinians at military checkpoints in the OPT.[24] Five cases in the witness statements collected by the LPHR note the deaths of Palestinians, two cancer patients, one heart patient, one eight-year-old boy and one newborn baby, due to obstruction of access through checkpoints.[25] LPHR argues there is a need to immediately terminate its contracts with the state agencies concerned if G4S cannot prevent violations taking place at Israeli military checkpoint locations where they provide equipment or services.[26]
• Triple Canopy (US): This US-based PMSC has provided mercenaries and security personnel to assist in Israel’s military operations in the West Bank. These personnel have been involved in the enforcement of curfews, the suppression of protests, and the protection of illegal settlements. Triple Canopy’s involvement in these activities violates the UN Mercenary Convention and contributes to the broader regime of military occupation.

4. The Failure of International Mechanisms to Address Private Sector Involvement in the oPt

International mechanisms have largely failed to address the role of the private sector in the oPt, despite several efforts, such as the UN Human Rights Council resolution 55/L.30 and the OHCHR Database. These initiatives, while valuable, have not had the necessary enforcement mechanisms to prevent the continued complicity of private enterprises in the occupation.

4.1. OHCHR Database on Business Activities Related to Israeli Settlements

The OHCHR Database, published in 2020, listed over 100 companies involved in Israeli settlements. Many of these companies continue to operate in the oPt with impunity, demonstrating the limitations of voluntary reporting mechanisms.

4.2. Arms Trade Treaty (ATT)

The Arms Trade Treaty (ATT), to which the UK and other arms-exporting states are signatories, mandates that arms should not be exported where there is a very real risk they could be used to commit serious violations of international law.

• Article 6 of the ATT adreses explicitly prohibitions against arms transfers when the State knows the arms would be used in the commission of genocide, crimes against humanity and certain war crimes.[27] The UK and US have continued to allow the export of many arms to Israel despite the ICJ ordering Israel to immediately halt its military offensive in Rafah, having recognised genocide as a plausible risk.[28] In November 2024, the International Criminal Court issued arrest warrants for the Israeli Prime Minister and former Foreign Secretary on charges of war crimes and crimes against humanity.[29] This indication by international courts that arms in Israel are being used to enact war crimes appears to necessitate a duty by supplier states to suspend arms under article 6 of ATT.
• Article 7 of the ATT notes the importance of taking into account the risk of the arms being used to commit serious acts of gender-based violence or violence against women and children. A BBC article has revealed that of those injured in Gaza since the attacks on October 7, 70 percent are women and children.[30] In Nasser and Al Shifa hospitals, over 390 bodies have been recorded including of women and children, with many reportedly showing signs of torture and summary executions, and potential instances of people buried alive.[31] This discriminate violence against women and children highlights a potential violation of article 7 of the ATT and offers sufficient reason to end arms trade to Israel.

5. Recommendations

1. Mandatory Human Rights Due Diligence: Require all private entities in or supplying the oPt to conduct thorough human rights due diligence, with penalties for non-compliance.
2. Suspend Arms Transfers: Halt arms transfers to Israel where there is a real risk of IHL violations, in line with the Arms Trade Treaty.
3. Accountability for PMSCs: Hold private military and security companies (PMSCs) in the oPt accountable under the UN Mercenary Convention and related frameworks.
4. Protect Palestinian Civil Society: Prioritise the protection of Palestinian human rights defenders and civil society, ensuring their freedom from harassment.
5. Reparations for Victims: Hold corporations contributing to human rights violations in the oPt liable for reparations, as per the UN Guiding Principles on Business and Human Rights. This includes economic reparations for affected victims.

[1] Campaign Against Arms Trade and World Peace Foundation, From revolving door to open-plan office: the ever-closer union between the UK government and the arms industry, Spet 2024

[2] Who Profits, ‘The Companies Supplying Weapons to Israel’s Attack on Gaza’, December 2023, https://www.whoprofits.org/publications/report/170?the-companies-supplying-weapons-to-israel-s-atta

ck-on-gaza

[3] Amnesty International, USA Submission to NSM-20:Unlawful Use of US-made munition and violations of International Law by Israel since January 2023, April 2024

[4] Amnesty International, Israel/Opt JCB demolition map, November 2021 https://amnesty-crisis-evidence-lab.github.io/israel-opt-jcb-map-en/

[5] Amnesty International, JBC Off-Track, November 2021, p.22-23

[6] United Nations, Guiding Principles on Business and Human Rights, 2011, p.14

[7] Who Profits, ‘Caterpillar’, April 2024, https://www.whoprofits.org/companies/company/3772

[8] Ibid.

[9] United Nations, Guiding Principles on Business and Human Rights, p.15

[10] War On Want, Deadly Investments: UK bank complicity in Israel’s crimes against the Palestinian People, July 2017, p.8

[11] PAX, The companies arming Israel and their financiers, June 2024, p.13-14

[12] War On Want, Deadly Investments: UK bank complicity in Israel’s crimes against the Palestinian People, p.10-12

[13] War On Want, Breifing:Barclays:Arming Israel’s Arpatheid and Genocide, May 2024, https://waronwant.org/resources/briefing-barclays-arming-israels-apartheid-and-genocide

[14] Centre Delàs, Armed Banking and its Joint Responsibility in the Gaza Genocide: The financing of companies that manufacture arms used in the massacres against the Palestinian Peoples, October 2024, p.45

[15] Middle East Monitor, ‘Black Rock: there can be no compromise with evil’, June 2024, https://www.middleeastmonitor.com/20240625-blackrock-there-can-be-no-compromise-with-evil/

[16] United Nations, Guiding Principles on Business and Human Rights, p.15

[17]A Project of the American Service Committee, ‘ Lockheed Martin Corp’, August 2024 https://investigate.afsc.org/company/lockheed-martin

[18] Amnesty International, They Were Just Kid: Evidence of War Crimes During Israel’s August 2022 Offensive, October 2022

[19] Declassified UK, ‘F-35 Components sent to Israel from Royal Air-force Base’, October 2024 https://www.declassifieduk.org/f-35-components-sent-to-israel-from-royal-air-force-base/

[20] Ibid.

[21] Amnesty International, ‘Devices of Palestinian Human Rights Defenders Hacked with NSO Groups Pegasus Spyware’, November 2021 https://www.amnesty.org/en/latest/research/2021/11/devices-of-palestinian-human-rights-defenders-hacked-with-nso-groups-pegasus-spyware-2/

[22] Avios, ‘Israel’s NSO unleashes controversial spyware in Gaza conflict’, November 2024 https://www.axios.com/2023/11/14/pegasus-nso-hamas-israel-spyware

[23] Ibid.

[24] Lawyers for Palestinian Human Rights, ‘G4S and Israel’s military checkpoints’, June 2015 https://lphr.org.uk/blog/g4s-and-israels-military-checkpoints/

[25] Ibid.

[26] Ibid.

[27] Audiovisual Library of International law, ‘Arms Trade Treaty’, April 2013 https://legal.un.org/avl/ha/att/att.html

[28]United Nations, ‘States and companies must end arms transfers to Israel immediately or risk responsibility for human rights violations: UN experts’, June 2024 https://www.ohchr.org/en/press-releases/2024/06/states-and-companies-must-end-arms-transfers-israel-immediately-or-risk

[29] UN News, ‘ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander’, November, 2024 https://news.un.org/en/story/2024/11/1157286

[30] BBC, ‘Nearly 70% of Gaza war dead are women and children, UN says’, November 2024 https://www.bbc.co.uk/news/articles/cn5wel11pgdo?xtor=AL-72-%5Bpartner%5D-%5Bbbc.news.twitter%5D-%5Bheadline%5D-%5Bnews%5D-%5Bbizdev%5D-%5Bisapi%5D&at_link_id=3B797BC0-9DD5-11EF-8F63-C7420ECA1DFA&at_campaign=Social_Flow&at_link_type=web_link&at_campaign_type=owned&at_format=link&at_bbc_team=editorial&at_ptr_name=twitter&at_link_origin=BBCWorld&at_medium=social

[31] United Nation, ‘War on Gaza: impact on Palestinian Women and Children: Virtual event’, March 2024 https://www.un.org/unispal/war-on-gaza-impact-on-palestinian-women-and-children-virtual-event/