Opposition to the opening of another honorary Israeli consulate in Slovenia

At the conference, Iva Ramuš Cvetkovič said: “The fact that Slovenia rejects Israel’s request to open a new honorary consulate is not only a moral imperative, but a legal obligation that arises from at least two and probably more legal bases. The first is Article I of the Convention on the Prevention and Punishment of the Crime of Genocide. This explicitly enshrines the obligation to prevent genocide, on the basis of which Slovenia is obliged to take all measures in its power to prevent genocide (or at least to prevent its continuation), i.e. to restrict or terminate as far as possible military, economic, diplomatic and other cooperation with a state that violates the Convention. It should be emphasized that the prevention of genocide is one of the most stringent obligations under international law. The claims by the Minister and some government officials that an international court decision is needed to take action to prevent genocide are not correct.

The International Court of Justice has already made it clear in the Bosnian genocide case that such an interpretation of the obligation to prevent genocide is absurd, as it would mean that states can only start to prevent genocide once it has already been committed. Genocide must therefore be prevented as soon as a state learns or could and should learn of a serious risk of genocide. This moment occurred at the latest a year ago, when the International Court of Justice provisionally established the possibility of a violation of the Genocide Convention. To date, numerous UN experts, including the UN Special Rapporteur Francesca Albanese, numerous professors and experts in the field of international law, criminal law and genocide and Holocaust research, international human rights organizations such as Amnesty International and others have expressed the opinion that Israel is committing genocide.

The opinion that this is genocide has also been expressed by Slovenian academic institutions and faculties, including the Institute of Criminology at the Faculty of Law in Ljubljana, and they have called on the government to take action. The Slovenian political leadership therefore undoubtedly knows or could and should know about the possibility of genocide and take the necessary measures accordingly. Failure to take concrete measures constitutes an unlawful delay and thus a breach of the obligation to prevent genocide.

The fact that the opening of another honorary consulate is being considered instead of closing the existing one is outrageous from the point of view of the obligation to prevent genocide under international law. An institution against which so many accusations are made of having committed the worst crime known to mankind must begin to be treated accordingly and play its part in preventing and (if prevention fails) punishing the crime of genocide.

The second legal basis imposing on Slovenia the obligation to reject the initiative to open another honorary consulate results from the advisory opinion of the International Court of Justice from 2024. In July last year, the International Court of Justice issued its second advisory opinion on Israeli violations in the Occupied Palestinian Territories, in which it found, among other things, a violation of the Palestinians’ right to self-determination, their human rights and freedoms and even a violation of Article 3 of the Convention on the Elimination of Racial Discrimination, which prohibits racial segregation and apartheid. In its Advisory Opinion, the International Court of Justice clarified that all states are obliged not to recognize any change in the physical character or demographic composition, institutional structure or status of the territory occupied by Israel on 5 June 1967, including East Jerusalem, and to distinguish in their relations with Israel between the territory of the State of Israel and the Palestinian territory occupied since 1967.

States are also obliged not to provide assistance or support for the maintenance of illegal conditions created by Israel in the occupied territories. All states parties to the Fourth Geneva Convention, including Slovenia, are obliged to ensure that Israel respects international humanitarian law. Israel’s illegal settlements in the Occupied Palestinian Territories are closely and fundamentally linked to the state of Israel, as the illegal occupation and intensive settlement of the Occupied Palestinian Territories are part of Israeli state policy and the illegal settlers cooperate closely with the Israeli army and police. It is therefore difficult, if not impossible, to distinguish between Israel’s illegal activities in the occupied Palestinian territories and Israel’s activities within the 1967 borders. Slovenia must therefore exercise particular caution when cooperating with the State of Israel. Given the powers of the Honorary Consulate, it is very likely that it will indirectly or even directly enable and recognize Israel’s illegal actions – including the illegal settlement policy, the implementation of apartheid and war crimes. Thus, the opening of a second honorary consulate would constitute a violation of the Republic of Slovenia’s obligations, even on the legal basis clearly defined by the International Court of Justice last year.

In order to avoid violating the obligations under international law to prevent genocide and the prohibition of maintaining, supporting and recognizing the illegal situation in the occupied Palestinian territories, no new Israeli honorary consulate may be opened on the territory of the Republic of Slovenia. In conclusion, I would like to say that the rejection of the request to open a consulate is, from a legal (and moral) point of view, only the minimum that should be followed by more active measures to prevent genocide and end the maintenance of the illegal situation in the occupied Palestinian territories in order to fulfill Slovenia’s legal obligations.”