Arab countries have solid legal grounds to terminate the Abraham Accords in response to the forced displacement in Gaza, as it constitutes a clear violation of international law and undermines the fundamental principles upon which the accords were purportedly based:
- Article 2 of the Abraham Accords mandates adherence to the UN Charter, which upholds territorial integrity, prohibits the use of force, and guarantees self-determination. Forcibly displacing Gazans, a population under occupation, directly contravenes these principles.
- International humanitarian law likewise prohibits an occupying power from transferring protected persons (Fourth Geneva Convention, Article 49), classifying such acts as war crimes. Any policy enabling mass expulsion would undermine the accords’ stated commitment to international law, giving Arab signatories grounds to suspend or withdraw.
- The accords claim to seek a “just, comprehensive, and enduring solution” to the Israeli-Palestinian conflict. Forcibly emptying Gaza would instead entrench apartheid, deny Palestinian self-determination, and perpetuate conflict—directly contradicting the accords’ purpose.
- Under Article 60 of the Vienna Convention on the Law of Treaties, a “material breach” of a treaty’s core purpose allows suspension or termination. Israel’s actions would meet this threshold, nullifying the rationale for normalization.
- Article 4 of the accords promotes regional security through cooperation. Yet mass displacement would ignite radicalization, refugee crises, and long-term instability. Historical precedent shows that ethnic cleansing breeds resentment and violence. Pursuing such policies abandons the accords stated ’ vision of peaceful coexistence and justifies Arab states in recalibrating their stance.
Arab states can invoke several international legal principles if Israel proceeds with forced displacement:
1) Article 60 of the Vienna Convention: A “material breach” occurs when essential treaty provisions are violated, fundamentally undermining the treaty’s core purpose. Expelling Gaza’s population, recognized as a war crime, would breach the accords’ stated commitment to resolving disputes peacefully and fostering regional stability.
2) Article 103 of the UN Charter: Obligations under the Charter supersede conflicting treaty commitments. Forced displacement violates jus cogens norms, non-derogable principles like the prohibition of war crimes. Arab states would thus be legally compelled to prioritize Charter obligations over the accords.
3) Article 62 of the Vienna Convention: This provision, under the principle known as rebus sic stantibus, allows a state to withdraw from or suspend a treaty if unforeseen, fundamental changes invalidate the assumptions on which it was based. A mass expulsion would create a severe humanitarian crisis, fundamentally altering the stated conditions under which the Abraham Accords were signed and thus justifying withdrawal.
The Abraham Accords purportedly bind parties to “international law.” Forced displacement violates jus cogens norms, universal principles that no treaty can override. Arab states therefore have not only the right but also the obligation to act if these norms are breached.
If the U.S. and Israel decide to proceed with mass expulsion, Arab signatories must suspend or terminate the Abraham Accords. Such a response would uphold international law, reject complicity in war crimes, and demonstrate that violations carry consequences.
The future of the Middle East depends not on hollow agreements that enable oppression but on a peace anchored in universal human rights. Arab states must decide: Will they be enablers of ethnic cleansing or custodians of stability, justice and international law?
https://x.com/RezaNasri1/status/1890302453704208664?s=19