Dear President Ali,
Israel is committing genocide in Gaza and perpetrating other atrocities against Palestinian civilians in Gaza and the Occupied Palestinian Territories. The goal of international law is peace among peoples. That goal cannot be realised as long as Israel continues to treat the international rule of law with contempt and continues with its egregious violations of the legal rights of the Palestinian people.
The evidence for Israel’s genocide and other atrocities runs to thousands of pages in reports produced by United Nations bodies, reports of Israeli organisations such as B’Tselem1, statements in the Knesset, reports of international NGOs, and proceedings before the International Court of Justice2. Please see Annex A for a few extracts.
This letter does not question Israel’s legal right to self-defence. It deals only with Israel’s illegal actions which Israel seeks to justify as self-defence. Israel is entitled to protect its citizens from indiscriminate and deadly attacks but Israel must do so within the constraints of law and not behave like a ‘rogue’ state. According to the International Court of Justice (“the ICJ”) in its Advisory Opinion on The legal consequences of the Construction of a Wall in the Occupied Palestinian Territory 2004:
“It [Israel] has the right, and indeed the duty, to respond in order to protect the life of its citizens. The measures taken are bound nonetheless to remain in conformity with applicable international law.” [141]
1 B’Tselem says on its website: “Israel’s regime of apartheid and occupation is inextricably bound up in human rights violations. B’Tselem strives to end this regime, as that is the only way forward to a future in which human rights, democracy, liberty and equality are ensured to all people, both Palestinian and Israeli, living between the Jordan River and the Mediterranean Sea.” B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories
2 See for example current proceedings South Africa v Israel, Nicaragua v Germany, The ICJ Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory 2004; The Advisory Opinion of the International Court of Justice on Legal Consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory including East Jerusalem 2024
It is beyond argument that as the ICJ stated:
“Israel is bound to comply with its obligation to respect the right of the Palestinian people to self determination and its [Israel’] obligations under international humanitarian law and international human rights law.” [149]
The UN Declaration of Human Rights (UNDHR) states in its preamble that,
“…recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world…”
Israel’s contempt for the inherent dignity and the equal and inalienable rights of the people of Palestine is incompatible with freedom, justice and peace. I therefore request your government to condemn in the strongest possible terms
(i) Israel’s genocide in Gaza;
(ii) Israel’s bombing of hospitals and schools in Gaza;
(iii) Israel’s murder and maiming of Gaza’s children;
(iv) Israel’s unlawful and inhumane use of ‘collective punishment’ against babies, children, and unarmed and defenceless women and men in Gaza; and
(v) Israel’s gender-based violence against Palestinian women and girls in the form of excessive use of force and abuse, including physical, psychological and verbal abuse and sexual harassment.3
My request is entirely consistent with your statement in 2023 that,
“What we are witnessing is not warfare, but mass extermination—a systematic slaughter and displacement of Palestinian men, women, and children. Those who escape the bombs and bullets are condemned to die slowly, starved of food, water, and hope. This is a war crime.”4
The UNDHR establishes that,
“it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.”
Genocide, other atrocities and the denial of fundamental Palestinian rights undoubtedly constitute tyranny and oppression on the part of Israel and are a violation of the rule of law. Rebellion against this outrage is inevitable. The Palestinians are no different from the rest of humanity who throughout the ages have resisted tyranny and oppression.
Protection of human rights by the Rule of Law
The human rights of the Palestinian people are protected by customary international law and the plethora of treaties which apply in times of war as well as times of peace.
3 See ICJ Advisory Opinion on Legal Consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory including East Jerusalem 2024 [153]
4 Guyanese demand CARICOM sever ties with Israel – Kaieteur News
I therefore ask that your government now takes action to uphold the international rule of law and to ensure that Israel abandons its lawless (rogue state) behaviour and complies with international law by:
(1) Requiring Israel to comply with international humanitarian law as set out in the Geneva Convention relative to the Protection of Civilian Persons in Time of War. Please see the ICJ Advisory Opinion on The legal consequences of the Construction of a Wall in the Occupied Palestinian Territory 2004 which says
“All States parties to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949 have in addition the obligation, while respecting the United Nations Charter and international law, to ensure compliance by Israel with international humanitarian law as embodied in that Convention.” [36]
(2) Requiring Israel to comply with the Advisory Opinion of the International Court of Justice on “Legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory 2024” and in particular requiring Israel to:
(i) Comply with [267] and bring an end to Israel’s presence in the Occupied Palestinian Territory (OPT) as rapidly as possible;
(ii) Comply with [268] and immediately cease all new settlement activity in the OPT;
(iii) Comply with [268] and repeal all legislation and measures creating or maintaining the unlawful situation including those which discriminate against the Palestinian people in the OPT and those measures which are aimed at modifying the demographic composition of parts of the OPT;
(iv) Comply with [270] and evacuate all illegal Israeli settlers from existing illegal settlements; (v) Comply with [270] and dismantle the parts of the wall that are in the OPT;
(vi) Comply with [270] and allow all Palestinians displaced during the occupation to return to their original place of residence;
(vii) Comply with [269] and provide full reparation for the damage caused by Israel’s internationally wrongful acts to all natural or legal persons concerned and remind Israel that by law such reparation must as far as possible, wipe out all consequences of Israel’s illegal act and reestablish the situation which would in all probability have existed if Israel had not unlawfully occupied Palestinian territory;
(viii)Comply with [270] and return the land and other immovable property, as well as assets seized from any natural or legal person since Israel’s occupation in 1967, and all cultural property and assets taken from Palestinians and Palestinian institutions, including archives and documents and remind Israel that restitution includes all orchards and olive groves5;
(ix) Comply with [271] and in the event that restitution is not possible, remind Israel that it must compensate, in accordance with the applicable rules of international law, all natural or legal persons, and populations, who have suffered any material damage as a result of Israel’s wrongful acts under its occupation.6
The right to self-determination
Israel’s egregious violation of the Palestinian people’s fundamental human right to self determination has continued for decades.7 According to the ICJ
“The prolonged character of Israel’s unlawful policies and practices aggravates their [Israel’s] violation of the right of the Palestinian people to self-determination. As a consequence of Israel’s policies and practices, which span decades, the Palestinian people has been deprived of its right to self-determination over a long period, and
further prolongation of these policies and practices undermines the exercise of this right in the future. For these reasons the Court is of the view that Israel’s unlawful policies and practices are in breach of Israel’s obligation to respect the right of the Palestinian people to self-determination.” 8
Consequently the ICJ has ruled that
(i) The effects of Israel’s policies and practices resulting in the “prolonged deprivation of the Palestinian people of its right to self-determination, constitute a breach of this fundamental right.”9
(ii) The right to self-determination is an inalienable right and therefore “the Palestinian people’s right to self-determination cannot be subject to conditions on the part of the Occupying Power.”10 Israel is the Occupying Power.
The ICJ’s ruling is unambiguous. Israel must unconditionally respect the right of the Palestinian people to self-determination.
5 The legal consequences of the Construction of a Wall in the Occupied Palestinian Territory 2004 at [153]. Please also see [132] which details Israeli destruction of Palestinian agriculture including olive groves and orchards as well as the deliberate destruction of fertile land owned and farmed by Palestinians 6 See also [154] of this Advisory Opinion of the International Court of Justice on Legal Consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory including East Jerusalem 2024 [153]
7 See for example the testimony of Jewish forces re the Nakba – the illegal dispossession and killing of Palestinians in order to obtain territory for the new state of Israel- The crimes of 1948: Jewish fighters speak out | Middle East Eye
8 The ICJ’s Advisory Opinion on Legal Consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory including East Jerusalem 2024 [243]
9Ibid [257]
10 Ibid [257]
(iii) The Charter of the United Nations and customary international law prohibit a state from acquiring territory by force and therefore, “occupation can under no circumstances serve as the source of title to territory or justify its acquisition by the Occupying Power.”11
The ICJ’s ruling is unambiguous. Israel cannot acquire the OPT by force.
(iv) Israel’s presence in the OPT is illegal:
“The Court considers that the violations by Israel of the prohibition of the acquisition of territory by force and of the Palestinian people’s right to self-determination have a direct impact on the legality of the continued presence of Israel, as an occupying Power, in the Occupied Palestinian Territory. The sustained abuse by Israel of its position as an occupying Power, through annexation and an assertion of permanent control over the Occupied Palestinian Territory and continued frustration of the right of the Palestinian people to self-determination, violates fundamental principles of international law and renders Israel’s presence in the Occupied Palestinian Territory unlawful.”12 [My emphasis]
(v) Since Israel’s illegality relates to the entire territory occupied by Israel since 1967:
“The entirety of the Occupied Palestinian Territory is also the territory in relation to which the Palestinian people should be able to exercise its right to self-determination, the integrity of which must be respected.”13
Israel continues its flagrant violation of international law by opposing Palestinian statehood. In February 2024 the Knesset passed a resolution stating that,
“The Knesset of Israel firmly opposes the establishment of a Palestinian state west of the Jordan. The establishment of a Palestinian state in the heart of the Land of Israel would pose an existential danger to the State of Israel and its citizens, perpetuate the Israeli-Palestinian conflict and destabilize the region.”14
The Knesset denounced a Palestinian state as a reward for terrorism thus denying Palestinians their dignity and equality with Israelis. The Minister of Finance Bezalel Smotrich denied the existence of the Palestinian nation while the Minister of Communications MK Shlomo Karhi (Likud) said
“God told Moses to destroy Sihon and his entire nation, so that all the nations in the Land of Israel will know that whoever messes with Israel, his blood shall be on his own head.”15
International law does not however proceed on the basis of religious extremism.
The right to self-determination is a right ‘Erga Omnes’ which means that all states have an interest in that right and may take action to enforce it. The ICJ has cited the ‘Declaration on Principles of
11 Ibid [253]
12 Ibid [261]
13 Ibid [262]
14 Knesset Plenum votes in favor of declaration stating that parliament opposes the establishment of a Palestinian state
15 Ibid
International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter’ which states that
“Every State has the duty to promote, through joint and separate action, realisation of the principle of equal rights and self-determination of peoples, in accordance with the provisions of the Charter…”
States must cooperate with the United Nations on any measures decided upon by the UN but States also have their own responsibility to take separate action to promote Palestine’s realisation of the right to self-determination. The ICJ has stated that,
“It is for all States, while respecting the Charter of the United Nations and international law, to ensure that any impediment resulting from the illegal presence of Israel in the Occupied Palestinian Territory to the exercise of the Palestinian people of its right to self-determination is brought to an end.”16
Thus Guyana must act.
Trading relations with Israel
The ICJ has ruled that States must not enter into economic or trade relations with Israel concerning the OPT or parts thereof which may entrench Israel’s unlawful presence in the territory. States must also take steps to prevent trade of investment relations that assist in the maintenance of the illegal situation created by Israel in the OPT.17 In practice this amounts to a ban on any trading or economic activity which ‘may’ assist Israel’s illegal occupation of Palestinian territory. The word ‘may’ in this context simply means something that is possible in the future. Guyana has a legal obligation to ensure that there is no trade/investment between Guyana and Israel which could possibly support Israel’s illegal occupation. I therefore ask that your government takes all necessary steps to ensure that Guyana cannot unwittingly facilitate Israel’s egregious violations of the rights of the Palestinian people.
It is difficult to obtain reliable figures but according to one source relying on the UN Comtrade database, in 2025 Guyana imported US$14 Million worth of goods from Israel.18 Guyana has no way of knowing that every single component of every single item came from outside of the OPT and was produced without any labour from within the OPT, or of ensuring that the money which Guyana paid for those goods is not used to help fund Israel’s illegal occupation of the OPT. Similarly Guyana cannot ensure that goods exported to Israel are not use for illegal purposes.
In relation to Israeli business activities in Guyana, it is impossible for Guyana to ensure that the goods produced or the profits realised from such businesses are not used to support Israel’s illegal occupation.
I therefore request your government to take the following steps without delay: (1) Terminate all commercial dealings with Israel. This includes an end to all trade with Israel.
16 Ibid [279]
17 Ibid [278]
18 Guyana Imports from Israel – 2026 Data 2027 Forecast 1991-2025 Historical
(2) Terminate all Israeli business activities in Guyana. This termination must comply with national law including protecting Israelis in Guyana against deprivation of their property or other breaches of their rights. We believe in the rule of law and the dignity of all people no matter who they are.
(3) Impose an embargo on any oil from Guyana going to Israel.
(4) Obtain undertakings from ExxonMobil Guyana Ltd. and its co-venturers Hess Guyana Exploration Ltd. and CNOOC Petroleum Guyana Ltd. that Guyana’s oil extracted in their petroleum operations will not be loaded unto any tankers whose destination for Guyana’s oil is Israel either directly or via other countries.
(5) Pass legislation prohibiting trade with Israel until such time as Israel ceases its illegal occupation of the OPT. I am aware that the United Kingdom, France, Canada, Norway, the Netherlands and Belgium and Ireland have banned trade with the OPT. However in practice this is largely symbolic because none of those countries has any control over what Israel does with its imports, exports and revenue or any way of tracking them. Goods can simply be relabelled.
Guyana’s stand on Israel
The requests in this letter are the logical and practical outcome of Guyana’s legal and political stand on Palestine and Israel. Guyana recognised Palestine as a state in 2011. Guyana’s Written Statement of 25 July 2023 to the ICJ in the advisory proceedings concerning ‘Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem’ concluded that:
“(1) Israel has unlawfully annexed the West Bank and East Jerusalem.
(2) Israel has violated the right to self-determination of the Palestinian people.
(3) Israel’s occupation of the OPT is unlawful, and Israel is under an obligation to immediately and fully cease that occupation.
(4) All States are under an obligation (i) not to recognize as lawful Israel’s occupation of the OPT; not to render any aid or assistance to Israel in maintaining that occupation; and (iii) to ensure that Israel complies fully with its international legal obligations, including by immediately ending its occupation of the OPT.19
I am merely asking you to ensure that Guyana follows the requirements of international law as interpreted by Guyana and the ICJ.
National Law
Article 37 of the Constitution which relates to External Affairs provides that: 19 Written statement of Guyana | INTERNATIONAL COURT OF JUSTICE
“The State supports the legitimate aspirations of other peoples for freedom and independence and will establish relations with all states on the basis of sovereign equality; mutual respect, inviolability of frontiers, territorial integrity of states, peaceful settlement of disputes, non-intervention in internal affairs, respect for human rights and fundamental freedoms, and co-operation among States.”
Article 39 of the Constitution imposes a duty on you to be guided by Article 37 when you are carrying out your functions as president.20 It imposes the same duty on the entire government which means the executive (including the Minister of Foreign Affairs and the Attorney-General) and the legislature. In any legal dispute over Guyana’s relationship with Israel or Palestine the courts would have to be guided by Article 37 in determining what legal (not political) duties you must fulfil.
I am copying this letter to the Hon. Anil Nandlall SC MP Attorney-General who is constitutionally the government’s principal legal adviser and is best placed to advise you on your legal obligations.
This letter concerns matters of grave national importance. I am therefore sending this letter to Mr. Azruddin Mohamed, the Leader of the Opposition with the request that the Opposition supports your government in carrying out the actions I have set out in this letter and holds your government to account for any failure to do so.
I am also sending this letter to the press so that it can be freely available to the Guyanese people.
I look forward to receiving from you confirmation that you will comply with these requests or setting out your reasons why you will not. Thank you.
Yours sincerely
Melinda Janki
