Concern: The "black list" announcement will be used by BDS organizations

Legal experts and experts explain that the United Nations Human Rights Council's list of businesses has no legal effect, but the messages may be used by organizations to exert pressure on companies operating in the Occupied Territories.

Concern: The "black list" announcement will be used by BDS organizations

Legal experts and international law experts believe that the UN Human Rights Council's "black list" will have no legal implications, such as sanctions or state measures against the companies on the list. However, it may ease anti-Israeli factors. Withdraw their activity from Israel or from the settlements.

"The list has no legal significance, and the commissioner also made it clear in her announcement," he told Walla! NEWS Israeli legal entity. "So for us there is no reason for states or companies to change their behavior, but yes there is a danger that this will be used by the BDS movement to put pressure on companies."

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"Will be used by BDS organizations." The settlement stones (Photo: Reuven Castro)

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The Human Rights Council report includes 112 business entities with ties to settlements - 94 of them are in Israel, and 18 in other countries. The Commission's announcement made it clear that the list did not state that activity in the territories was illegal. "While the settlements themselves are considered illegal under international law," it says, "this report does not purport to determine the legal nature of the activities in question or of the business corporations involved in these operations."

"The influence of the list is political," he told Walla! NEWS Prof. Ruby Siebel of the Hebrew University, who was formerly the Foreign Ministry Attorney General. "This is not a criminal offense or a violation of international law for anyone doing business in the Occupied Territories. But it certainly has a political significance. Saying "Why should I get in trouble".

Yuval Shani, a professor of international law from the Hebrew University, added that the aim of the measure is to "shame" the companies mentioned. "The list was published against the backdrop of the 2016 Human Rights Council resolution, which also calls on corporations not to cooperate with human rights violations related to construction in the Occupied Territories, and also calls on governments to clarify to corporations what the legal risks involved in such activity are," he said.

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Prof. Shani adds that there are countries where lawsuits can be filed against corporations that violate international law, and in the past there were lawsuits in France against French companies involved in the construction of the light rail in Jerusalem - but the claims were eventually rejected. However, he believes that the danger to membership comes from another level.

"The United Nations itself wrote at the time of its publication that it does not make any legal liability determination of the companies," Shani said. "But there are sometimes shareholder organizations requiring their companies to withdraw activity from countries that are perceived as human rights violators, and there are, for example, pension funds committed to investment policies. Ethically, and I think that's the concern - being on the list will make it harder for companies to do international business, and attract international investment. "

Some of the factors that spoke to Walla! NEWS mentioned that in many US states there are laws that prohibit boycotts against Israel or the settlements. Companies that attract their businesses from the Occupied Territories, even following the list, may be subject to sanctions in these countries, such as denial of government tenders or pension fund investment.

"Mostly an image of interest." Protestors on behalf of BDS organizations (Photo: Reuters)

BDS protesters in Habima Square, Tel Aviv, December 23, 2017 (Photo: Niv Aharonson)

"Companies that continue to pursue activity in this context may find themselves exposed to US anti-BDS legislation," said Prof. Shani, but made it clear: "There are currently procedures that violate the constitutionality of the same legislation in the United States, and human rights organizations claim it is contrary to the amendment. The first of the constitution that protects freedom of expression. In any case, in European countries I do not think that there is a serious risk to a company operating under the decision of an international body. Again, the matter here is mainly image. "