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Healthcare and genocide: BDS as an entry point to health justice. (2024). South African Journal of Bioethics and Law, 17(1), e1961. https://doi.org/10.7196/sajbl.2024.v17i1.1961

To the Editor: On 26 January 2024, the International Court of Justice
(ICJ) found that there was a prima facie case for genocide by Israel
in Gaza. Provisional measures were issued for Israel to ensure that
its military does not commit and takes all measures within its power
to prevent acts of genocide, as defined in the Convention on the
Prevention and Punishment of the Crime of Genocide.[1]

The Israeli government has denied accusations of genocide, claiming that it has
the right to self-defence. South Africa’s (SA) case included numerous
detailed reports of attacks on healthcare workers and hospitals. Such
attacks have also occurred prior to the events of 7 October 2023.
[2,3] The crippling of Gaza’s healthcare system has left it unable to
cope with the sheer number of injured patients. This, along with the
worsening man-made public health catastrophe which has paved
the way for malnutrition and wide-spread infection, should be of
particular concern to those in the healthcare sector.
While SA’s initiative in filing the case has been met with mixed
reactions both in SA and internationally, the action was in keeping
with the responsibility of all countries to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity.
Healthcare workers across the world may be physically removed from
the ongoing and deadly military assault on the civilian population
of Gaza and may not have any legal obligation to act. However, the
ethical principles of beneficence, non-maleficence and justice compel
healthcare workers to take action where they can.[4,5]
Taking our cue from SA’s historical dismantling of Apartheid, we
note that while the domestic uprising was a major component of the
anti-Apartheid struggle, another element was the pressure exerted
on the Apartheid state by the international boycott, divestment
and sanctions (BDS) movement.[6] Academic, sporting and cultural
boycotts meant that upholding Apartheid carried more than an
economic cost.
Inspired by the SA anti-Apartheid movement, the Palestinian BDS
movement has called for the boycott of Israel since 2005 as a form
of non-violent pressure for it to comply with international law and
numerous United Nations resolutions.[7]
Boycotts take different forms. Targeted consumer boycotts call
for complete boycotts of specific brands. They are initiated by the
BDS movement following in-depth research on the impact of such
a boycott. In contrast, organic boycotts are consumer-driven, often
arising spontaneously following a public misstep by the company
involved. Pressure targets are another technique where a full boycott
is not called for, but consumers are asked to apply pressure by using
alternative products where possible, as well as lobbying, peaceful
disruptions and the creation of awareness through social media
campaigns.[7] This technique is more appropriate for the healthcare
space, where care must be taken not to cause harm by disrupting
patient care through creating supply chain failures.
Teva Pharmaceutical Industries is listed as a pressure target by the
Palestinian BDS National Committee. Teva is an Israeli pharmaceutical
company and the world’s largest generic drug manufacturer. Teva
benefits from Israel’s illegal occupation of and the building of
settlements in Palestinian lands allowing the company to exploit the
captive Palestinian market.[7,8] Teva is already subject to boycotts in
the United Kingdom[9] and other countries. Table 1 suggests actions
various role players in the healthcare sector can take to exert pressure
on Teva and Israel as part of a broader BDS campaign.
The Palestinian BDS National Committee (BNC) also calls for an
academic boycott of Israeli universities. The boycott is directed at
institutions and not individual academics. The BNC reported that
Israeli universities are ‘accomplices in Israel’s regime of occupation,
settler-colonialism and apartheid… involved in developing weapon
systems… deployed [by] Israel [and] justifying the ongoing
Healthcare and genocide: BDS as an entry point to
health justice

1. Application of the Convention on the Prevention and Punishment of the Crime
of Genocide in the Gaza Strip (South Africa v. Israel) (Provisional measures).
https://www.icj-cij.org/index.php/node/203447 (accessed 2 February 2024).
2. Mahomed S. When sanctuaries of humanity turn into corridors of horror: The
destruction of healthcare in Gaza. S Afr J Bioethics Law 2023;16(3):e1732.
https://doi.org/10.7196/SAJBL.2023.v16i3.1732
3. Soni A. Israel desecrates the sanctity of healthcare with its attacks. S Afr
J Bioethics Law 2023;16(3):e1656. https://doi.org/10.7196/SAJBL.2023.
v16i3.1656
4. Soni S. Gaza and international law: The global obligation to protect life and
health. S Afr J Bioethics Law 2023;16(3):e1764. https://doi.org/10.7196/
SAJBL.2023.v16i3.1764
5. Hanbali L, Kwong EJL, Neilson A, et al. Israeli necropolitics and the pursuit of
health justice in Palestine. BMJ Glob Health 2024;9:e014942. http://dx.doi.
org/10.1136/bmjgh-2023-014942
6. Wikipedia contributors. Anti-Apartheid Movement.Wikipedia, The Free
Encyclopedia; 2005 Mar 4. https://en.wikipedia.org/w/index.php?title=Anti-
Apartheid_Movement&oldid=1195203572 (accessed 2 February 2024).
7. The Palestinian BDS National Committee. Act Now Against These Companies
Profiting from the Genocide of the Palestinian People. https://bdsmovement.
net/Act-Now-Against-These-Companies-Profiting-From-Genocide. (accessed 2
February 2024).
8. Teva Pharmaceutical Industries. Who Profits Research Centre; 2012 Jul. https://
www.whoprofits.org/companies/company/4212?teva-pharmaceutical-
industries. (accessed 2 February 2024).
9. Annabelle Collins. Teva links to Israel prompt boycott by UK contractors.
Chemist+Druggist; 2014 Aug 4. https://www.chemistanddruggist.co.uk/
CD017184/Teva-links-to-Israel-prompt-boycott-by-UK-contractors. (accessed
2 February 2024).
10. The Palestinian BDS National Committee. Campaign Area: Academic Boycott.
https://bdsmovement.net/academic-boycott. (accessed 2 February 2024).
11. Savo Heleta. The deafening silence of South African universities. Africa is a
country; 2023 Oct 10. https://africasacountry.com/2023/10/the-deafening-
silence-of-south-african-universities. (accessed 2 February 2024).
12. Sathar MA. The war on Gaza. A test of our humanity. S Afr J Bioethics Law
2023;16(3):e1734. https://doi.org/10.7196/SAJBL.2023.v16i3.1734