The Spanish Council of Ministers approved this Tuesday the decree-law regulating the arms embargo on Israel announced two weeks ago by the Prime Minister, Pedro Sánchez. The rule is part of a
package of nine measures aimed at
"stopping the genocide" in the Gaza Strip.
The regulations, which require ratification by the Congress of Deputies, prohibit the
export and import of weaponry and dual-use material, as well as the transit through Spanish territory of fuel destined for the Israeli Armed Forces.
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The decree, composed of four articles and seven provisions, justifies the embargo as "a measure within the set of diplomatic and coercive tools available to States that make up the international community aimed at
preserving peace and security, protecting human rights and preventing the illicit trade in arms".
Legal Framework
The decree establishes the legal framework for measures that the Spanish Government was applying 'de facto' and introduces new provisions. It prohibits the export and import of military material to and from Israel, and the
transit of fuels with possible military use destined for that country.
It also bans the import of products originating from
illegal Israeli settlements in the Occupied Palestinian Territory, in line with the advisory opinion of the International Court of Justice of July 19, 2024. Goods must include the postal code and place of origin.
Furthermore, it declares illegal the advertising of products from the occupied territories and
suspends current contracts and pending authorizations for resolution.
The exception
The decree includes an exception to the arms embargo: the Council of Ministers may authorize "exceptionally" transfers of defense or similar material when its prohibition "undermines the general national interests".
The text does not explicitly prohibit the docking in Spanish ports of vessels carrying weapons bound for Israel, something that is written about fuel. Government sources cited by
ElDiario.es stated that this prohibition is already applied "de facto".
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