France under pressure to suspend military sales to Israel as war in Gaza grinds on

NGOs and leftist members of the opposition have increased the pressure on France’s government to reconsider arms sales to Israel in the wake of the war in Gaza and follow in the footsteps of other European nations that made moves to suspend military exports over concerns about the humanitarian situation on the ground. 

It was Ramadan, and another war was raging in Gaza.

In July 2014, 8-year-old Afnan Shuheibar, her 16-year-old brother Oday, and her three cousins Basel, Jihad and Wassim – ages 8 to 11 – went up to the roof of the Shuheibar home in Gaza City to feed the pigeons when they were struck by a missile.

It was fired by the Israeli Defence Forces (IDF), but what helped guide it to the Shuheibars’ home was a small black position sensor around 2 centimetres long lodged deep inside the missile. On it were three words, with some letters partially erased: “EUROFARAD PARIS FRANCE”.  

Wassim and Jihad were killed instantly, and Afnan died in her father’s arms on the way to the hospital.

In 2016, the Shuheibar family filed a legal suit against Eurofarad. The company has since been bought by Exxelia Technologies, which is now facing charges of complicity in war crimes in France. (Exxelia itself was recently bought by the US group HEICO but is still headquartered in Paris.)

The first complaint was dismissed, but the family lodged another in 2018. A specialised department looking at crimes against humanity opened an investigation on suspicion of “complicity with war crimes” at a Paris court, and last summer several members of the Shuheibar family were heard.

The court will hear Exxelia’s side next, the family’s lawyer, Joseph Breham, said in a telephone interview on Monday.

His law firm is in touch with the Shuheibar family on a near-weekly basis. Several of them – in addition to investigators working on the case – have been wounded since the Israel-Hamas war started in early October, “to the extent that we wondered at one point whether or not the [Israeli] army was targeting them specifically”, Breham told FRANCE 24. 

The Shuheibar case is not unique. Other French defence companies – including Dassault, Thalès and MBDA – are facing charges of “complicity in war crimes” over weapons sales reportedly made to the UAE and Saudi Arabia, which has spearheaded a regional coalition to fight the Houthi rebels in Yemen.

But in the context of the current war in Gaza, and following the provisional measures issued by the International Court of Justice (ICJ) last month and the pending ruling – which could have profound repercussions for international jurisprudence – the Shuheibar case raises some lingering questions. 

Grilling in parliament

It remains unclear whether French companies continue to export weapons or any “dual-use” equipment to Israel that can be used in a military context, or whether French companies have reviewed any export licenses that were authorised before the latest war began.

The head of Amnesty International in France, Jean-Claude Samouiller, published an open letter this week addressed to French President Emmanuel Macron, urging the suspension of all weapons sales and military equipment to Israel.

MPs from the far-left France Unbowed (La France Insoumise or LFI) party have repeatedly grilled members of the government over continuing French military exports to Israel.

These calls have intensified over the past week. Mathilde Panot, the president of the LFI parliamentary group, asked Foreign Minister Stéphane Séjourné during a February 15 session in parliament whether France was arming Israel and called for a suspension of any such sales. “Has France continued providing weapons to [Israeli Prime Minister Binyamin] Netanyahu? Mister minister, can you say with certainty that no French military component is being used in Gaza in any war crime that is being committed? When will you declare an arms embargo?” she asked, adding: “[Charles] de Gaulle did it [in 1967]. Emmanuel Macron must do it.”

She also urged him to provide a list of weapons and other equipment provided to Israel. “Concerning weapons, I will revert back to you to give you a number, because I don’t have it here,” Séjourné replied.

It was then French Defence Minister Sébastien Lecornu’s turn to be questioned. In a written response to a question submitted by LFI MP Aurélien Saintoul, Lecornu said that France does not export “weapons, strictly speaking, but rather elementary components”.

Saintoul sits on the parliamentary defence commission. He repeatedly asked to question Lecornu, to no avail, prior to submitting his questions in writing.

When weapons are authorised for export, Lecornu said, they “are intended purely for defensive purposes”, citing the example of a type of missile used by Israel’s Iron Dome air defence system.

Lecornu went on to say that the respect for human rights and international humanitarian law exhibited by the destination country “are fully taken into account” when reviewing arms exports. Current assessments “have not led to a full suspension of the flow of military exports since 7 October 2023”, referring to the launch of the Israeli army response to the Hamas attack in southern Israel.

In an emailed response to FRANCE 24, the defence ministry stressed that all requests for military equipment exports were subjected to “robust checks”. The foreign affairs ministry did not respond to requests for specific comment on military exports to Israel.

Thomas Portes, another MP from LFI, last week launched a petition calling for transparency on the issue and urging the authorities to stop exporting military equipment to Israel. The government’s responses are “never precise, they never include any numbers … and so there is a kind of omerta surrounding this arms issue”, Portes said in a telephone interview on Monday.

“At the very least, I want there to be a public debate in France on whether today we accept, yes or no – as MPs, but beyond this, do citizens accept that France delivers weapons to the Israeli state in light of what the Israeli army is committing in the Gaza Strip?”

“I wouldn’t want us to be the last European country to commit itself to not supplying arms to Israel,” he said. France, Germany and the UK continue to supply Israel whereas Italy, the Netherlands, Spain and Belgium have moved to suspend arms sales.

Transparency

But obtaining transparency and establishing whether or not French companies are still exporting any weapons or dual-use equipment to the state of Israel is not an easy question to resolve.

Any export of military equipment by a French or France-based company must be vetted by the Inter-ministerial commission for war materials exports (CIEEMG).

Exxelia said in emailed responses sent on Wednesday that the “passive electronic components” it produces usually constitute a tiny part of far larger products, and can, for instance, be used to manufacture a “(Magnetic resonance imaging) machine, a 5G antenna or a radar”.

“Exxelia complies strictly with the laws in all the countries where it operates. Sales of dual-use equipment are subjected to strict regulations that the company applies scrupulously,” it added.

But as the Shuheibars’ lawyer Breham pointed out, decisions issued by the CIEEMG are protected by what is known as the “défense secret ” – meaning they are confidential – and, by law, the CIEEMG is not required to provide any explanation for its decisions.

Every year, the government must under French law release a report to the parliament detailing any such exports. The French authorities must also report annually to the secretary-general of the international Arms Trade Treaty.

But Breham dismissed these reports as “a load of hogwash … intended to play to the gallery”.

“The categories are extremely lax … for example, if you say you exported a specific kind of artillery shell, it is not the same thing if these shells end up in a CAESAR cannon, which is extremely precise, or if they end up in ordinary cannons,” he said. Moreover, since the parliamentary report does not specify the destination country for each piece of equipment, Brehem dismissed it as “absolutely useless”.

In the latest report submitted to the French parliament, one number does, however, stand out: €207.6 million in equipment sold to Israel over the past 10 years.

Breham dismissed the idea of declaring an arms embargo, advocated by LFI, arguing that it is the remit of the United Nations Security Council. But there is still room for the French authorities to take action, he argues.

“At the very least, I think it would be a good thing if France were to strongly declare that, number one, it is in favour of a total freeze on weapons exports to Israel and number two, that it is in favour of very tight restrictions on exports to Israel of double-use equipment, taking into consideration the fact that it is very easy to circumvent [these restrictions].”

As often, though, the devil is in the details. Military equipment export contracts take years to be put into place, he said. If in that time, concerns arise about international humanitarian law violations, then under article 7 of the Arms Trade Treaty, the exporting country must review its export authorisations.

“But that’s the theory,” he said.

Whether or not the Shuheibar family could ever win their case is uncertain. According to international law expert Pierre-Emmanuel Dupont, there is no such legal precedent in France.

In a phone interview on Wednesday, he evoked the case against Dassault, Thalès and MBDA – which is still pending.

He also cited the case against French cement company Lafarge, which is facing charges of complicity in crimes against humanity over alleged payoffs made to the Islamic State group and other jihadists to keep its factory running during the Syrian civil war.

Bringing the Lafarge case set a kind of precedent, Dupont said, although that case is also still awaiting a verdict.



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Rebranded Saudi crown prince meets Macron as rights groups decry ‘hypocrisy’

Saudi Crown Prince Mohammed bin Salman meets French President Emmanuel Macron in Paris on Friday at the start of a visit aimed at boosting bilateral ties and the oil kingdom’s standing in the international community. But human rights groups warn that the Saudi’s gain is France’s loss on an increasingly divided global stage.  

Less than five years after Saudi journalist Jamal Khashoggi was killed and dismembered in Saudi Arabia’s consulate in Istanbul, Crown Prince Mohammed bin Salman meets French President Emmanuel Macron for a working lunch in Paris on Friday.

The rehabilitation of the man the CIA determined had “approved” the Istanbul consulate operation is now a done deal. The transformation of the Saudi crown prince from “pariah” – a term Joe Biden used on the US presidential campaign trail – to indispensable diplomatic figure has been quick and thorough, marking an era of realpolitik on steroids.

Since the invasion of Ukraine in February 2022, Saudi Arabia’s de facto ruler – known widely as “MBS” – has emerged from global isolation to meet and greet leaders who were once wary of engaging with the young, brash crown price with a tarnished human rights record.

Last summer, Biden met bin Salman in the Saudi port city of Jeddah, where the two leaders fist-bumped, sparking condemnations from the likes of Democratic Congressman Adam Schiff, who called ita visual reminder of the continuing grip oil-rich autocrats have on US foreign policy”.

A week later, bin Salman – known widely as “MBS” – was in Paris, where he was greeted with a more cordial handshake with Macron at the Élysée presidential palace.

French President Emmanuel Macron greets Saudi Crown Prince Mohammed bin Salman with a handshake in Paris on July 28, 2022. © Lewis Joly, AP

The war in Ukraine has unleashed tectonic geopolitical shifts, opening divides between the so-called “West”, backing Kyiv against Russian aggression, and countries who view themselves as part of the “Global South”, that have refused to take a position on the conflict.

The Global South’s proclaimed neutrality has not convinced critics, who argue that transactional foreign policy in effect translates as a pro-Russian position. Saudi Arabia, the world’s second-largest oil producer, is particularly susceptible to the criticism. The kingdom’s decision, at an October 22 OPEC+ Plus summit, to cut oil production to keep prices high, was viewed as a deliberate snub to the US and Europe preparing for a difficult winter.

The schedule of bin Salman’s second visit to France since the Russian invasion of Ukraine reflects the changing dynamics on the global stage. It’s also a case study in how a leader once shunned in most capitals has managed to cater to the imperatives of global powers while fulfilling his own agenda.

Wooing leaders with an eye on 2030

The Saudi crown prince’s latest visit is not a rushed one. MBS left the kingdom on Wednesday, according to the Saudi Royal Court, for France, where he owns the Chateau Louis XIV, a modern building in Versailles that seeks to replicate the opulence of French imperial palaces.

Following his Friday working lunch with Macron at the Élysée palace, bin Salman will attend a reception in Paris on Monday to support Riyadh’s bid to host the World Expo 2030, also called the “universal exhibition”.

Days later, the Saudi crown prince will attend the June 22-23 Summit for a New Global Financing Pact hosted by Macron.

The French president announced the summit at the COP27 climate summit in Egypt in November, which is aimed at building “a new contract between the countries of the North and the South to address climate change and the global crisis”, according to the official website.

While Macron aims to try to bridge the North-South divide exacerbated by the Ukraine war, the Saudi crown prince has his own agenda during his French visit. “Mohammed bin Salman wants to enjoy the presence of many leaders, from Africa mainly, in order to get their support, their vote, for the universal exhibition [Expo 2030] … it’s a file that MBS is personally following. This is the reason for his long presence in France,” explained Georges Malbrunot, senior reporter at the French daily, Le Figaro, in an interview with FRANCE 24.

“There are different topics on the agenda: Ukraine, Lebanon, etcetera. It’s a kind of public relations operation for Mohammed bin Salman, who was a pariah five years ago after the horrible Jamal Khashoggi assassination,” said Malbrunot. “But he’s an international actor now. Nobody can avoid him.”

 


 

Hosting the World Expo 2030 has turned into a hot button issue, with more than a dozen human rights groups writing an open letter to the Paris-based Bureau International des Expositions (BIE), urging the world fair organiser to drop the Saudi candidacy due to its “abysmal” human rights record.

But 2030 is a critical year for the Gulf kingdom since it marks the target date for Vision 2030, an ambitious economic diversification and reform plan launched by the crown prince in 2016. Saudi Arabia is also bidding to host the 2030 FIFA World Cup. “For sure 2030 is a very important year for Saudi Arabia,” said Malbrunot.  “If he gets the universal expo for 2030, it will be a big victory for Saudi Arabia.”

Keeping various wives happy

Since the full-scale Russian invasion of Ukraine began 18 months ago, the Middle East region has witnessed a complex realignment of powers, which some experts call the signs of a changing global order.

Earlier this year, China brokered a deal between Saudi Arabia and Iran, prompting a reopening of diplomatic ties between the region’s biggest rivals and hopes for a de-escalation of the war in Yemen, where the two powers waged a proxy war over the past eight years.

Beyond the Middle East, Saudi Arabia played a critical role last year in brokering a prisoner swap between Russia and Ukraine, which secured the release of 300 people.

Meanwhile the convergence of Russian and Saudi oil interests, which were on display during the October 2022 OPEC+ Plus meeting, have started to strain. While Saudi Arabia followed through on the agreement and exported less oil, Russia increased its sales, at cheap prices, to countries such as India and China.

As Global South hegemons – such as South Africa, Brazil and India – were under fire for their pro-Moscow tilt, Saudi Arabia managed a diplomatic tour de force last month – with a little help from France.

When Ukrainian President Volodymyr Zelensky made a surprise landing in Jeddah last month to address an Arab League summit, he arrived on a French Airbus emblazoned with the tricolour. France had flown in the Ukrainian leader for an important meeting, marking a diplomatic achievement for Paris.

Ukraine's President Volodymyr Zelensky arrives in Saudi Arabia on May 19, 2023, on a French plane.
Ukraine’s President Volodymyr Zelensky arrives in Saudi Arabia on May 19, 2023, on a French plane. © Saudi Press Agency via AP

“Macron has become invested in helping rehabilitate MBS’s image on the global stage,” said Mohamad Bazzi, a professor and director of the Hagop Kevorkian Center for Near Eastern Studies at New York University. “Most players in the Middle East region have an interest in conveying the message that the US is not the dominant power in the region anymore. The consistent Saudi messaging is that they have options other than the US. Macron might be trying to play the role as another peacemaker trying to de-escalate tensions in the region.”

Malbrunot describes the geopolitical shifts in terms of polygamy, which is legal in Saudi Arabia. “We used to have Saudi Arabia as a strategic ally with the US. Now with Mohammed bin Salman, Saudi Arabia has multiple wives. They still have the US wife, but not only. They have the Chinese wife now because China is the first country where they sell their oil. They have the Russian wife, they have the European wife,” explained Malbrunot.

The costs of ‘doing business with tyrants’

When it comes to Europe, France has always been more forgiving towards MBS than countries such as Germany and the Netherlands. The clemency was driven by weapons, not Christian values. Following Khashoggi’s assassination, France – unlike Germany and the Netherlands – refrained from suspending arms sales to Saudi Arabia.

Paris and Riyadh have mutually compatible agendas in the arms bazaar. The international arms transfer trends for 2022, released by the Stockholm International Peace Research Institute (SIPRI), confirmed longstanding trends: Saudi Arabia ranks among the world’s top three arms importers while France is among the world’s top three arms exporters.

It’s a transactional relationship that draws the ire of Sarah Leah Whitson, executive director of Democracy for the Arab World Now (DAWN), an NGO founded by Khashoggi. “Macron is basically rolling out the red carpet for Mohammed bin Salman to try to secure arms sales. Macron has really sold France and France’s values for a few golden francs,” said Whitson.

Nearly a year ago, when the Saudi crown prince made his first trip to France since Khashoggi’s killing, DAWN, along with other NGOs, filed a universal jurisdiction complaint before the Paris tribunal arguing that MBS is an accomplice to the torture, enforced disappearance, and the murder of Khashoggi.

But Paris has so far failed to appoint an investigative judge to examine the case, prompting DAWN to release a statement noting that the delay “suggests that French authorities are deliberately dragging their feet and politicising what should be a straightforward judicial procedure”.

“Macron is wagging a finger at other countries for selling arms to Russia, lecturing them about international law and scolding them for harming human rights. It’s a shocking display of hypocrisy,” said Whitson.

France is not the only Western power behaving hypocritically, concedes Whitson, pointing to the Biden administration’s decision in November to grant MBS immunity, as the head of the Saudi government, in a US legal case.

Malbrunot notes that bin Salman’s entry into the international fold under the current circumstances is inevitable. “He’s an actor in the Ukraine-Russian war, he’s an actor now in the Middle East with the rapprochement with Iran … realpolitik has taken the lead now. So Mohammed bin Salman can’t be avoided,” he noted.

When asked if Le Figaro’s readers would be outraged over Macron’s meeting with a leader castigated for his human rights records, Malbrunot believed it was not the case.

“I think they’re not upset anymore with the human rights record because, I guess, there is this aspect of reality, which can’t be denied, that Saudi Arabia is a very important country, not only in the oil market, but also diplomatically now,” he said.

Whitson, however, believes the resignation is dangerous. “French readers should understand that there is a cost of doing business with tyrants,” she said. “The cost is democracy. If dictatorships around the world can buy our governments with money, if they can undermine our values with money, we don’t stand a chance persuading the world that democracy and human rights matter when our governments are willing to sell ourselves for money.”



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