Assist. Prof. Ömer Faruk Kafali, faculty member at Ibn Haldun University Law School, presented a paper at the Young Arbitration Lawyers Conference organized by Istanbul Medeniyet University Law School on October 18, 2024.
Dr. Kafali discussed the use of international arbitration mechanisms against companies supporting ongoing human rights violations and acts of genocide in Gaza. He highlighted Israel’s attacks, carried out in violation of international law, and emphasized the legal responsibilities of companies supplying military equipment and financial support during this process.
Dr. Kafali noted that, according to the United Nations and independent human rights experts, companies such as BAE Systems, Boeing, and Caterpillar, as well as the banks financing them, risk being complicit in Israel’s acts of genocide and human rights violations. In this context, he argued that arbitration awards rendered in favor of these companies should not be recognized nor enforced on the grounds of transnational public policy violations.
Dr. Kafali stated that the concept of transnational public policy, when interpreted in alignment with universal justice and human rights principles, could be used to prevent the enforcement of arbitration awards favoring companies involved in international crimes. He emphasized that this approach is a crucial tool to ensure that arbitration processes do not serve as instruments of impunity for breaches of international law.
