National Implementation of IHL
Association France-Palestine Solidarité ‘AFPS’ v. Société ALSTOM Transport SA, Case No. 11/05331, Versailles Court of Appeal, 22 March 2013
Association France-Palestine Solidarité ‘AFPS’ c/ Société ALSTOM Transport SA

22.03.2013
Versailles Court of Appeal, 3rd Chamber
http://jcpa-lecape.org/wp-content/uploads/2013/04/decision_de_la_cour_d_appel1.pdf (last accessed on 29.07.2014)

Summary
The Versailles Court of Appeal dismissed the France-Palestine Solidarity Association (FPSA) and the Palestine Liberation Organisation (PLO) legal claims aiming to hold responsible Alstom, Alstom Transport and Veolia Transport (French corporations) for IHL violations in Israel.
According to the FPSA, the unlawfulness of the contract (between the State of Israel and a private consortium including ALSTOM) resulted from the fact that it involved the illegal construction of a tram system in the Occupied Territories, which is a violation of IHL. In particular, FPSA claimed that the French corporations violated Articles 49 and 53 of the IV Geneva Convention of 1949; Articles 23 (g) and 46 of the IV Convention respecting the Laws and Customs of War on Land of 1907; Articles 4.1 and 4.3 of The Hague Convention of 1954, as well as customary IHL.
The Court considered that the provisions cited by the Organisations were related to international instruments signed by States, which established concrete obligations for the Occupying Powers, but not for private corporations. Moreover, the Court also set aside the claim about an alleged violation of a customary rule establishing a ‘general responsibility of corporations regarding human rights violations.’ Finally, the Court dismissed the plaintiffs’ argument regarding the jus cogens character of the provisions allegedly violated by the corporations.

Decision
File TypeSizeFile Name
application/pdf 499 KB France - France-Palestine Solidarité v. ALSTOM Transport SA, 2013 [fr].pdf