On February 16, a group of Palestinian footballers, clubs and advocacy groups referred the heads of FIFA and UEFA to the International Criminal Court (ICC). The 120-page filing accuses Gianni Infantino and Aleksander Čeferin of “aiding and abetting war crimes (specifically, the transfer of civilian population into occupied territories) and crimes against humanity (specifically, apartheid)”.

This historic case marks the first time sports leaders are being accused of these crimes and sends a warning to presidents of all other corporate entities in and beyond athletics. It offers a perfect opportunity to challenge the impunity of Israeli apartheid, occupation and genocide.

Football is the world’s most popular form of cultural expression, with some five billion fans across the planet. Therefore, the stakes of this charge are immense in terms of the spectacle of accountability and legal precedent.

In the course of its campaign in Gaza, of genocide generally and “athleticide” particularly, Israel has killed 1,007 Palestinian sportspeople and destroyed 184 sports facilities, while damaging 81 others.

Although this “athleticide” cannot be directly attributed to the Israel Football Association (IFA), its activities linked to clubs from illegal Israeli settlements located on the occupied Palestinian territory and their participation in domestic and international tournaments can be seen as abetting Israeli crimes of occupation and apartheid.

Despite facing demands for the suspension of these clubs or the IFA, UEFA and FIFA leadership have taken no action. In a recent interview, FIFA chief Infantino said he opposed a ban on Israeli teams from participation in global football, calling it “a defeat”. He went on to add that he was in favour of enshrining in FIFA statutes that no country should ever be banned from “playing football because of the acts of their political leaders”.

Ironic, when you consider he is the very person who oversaw the suspension of Russia from FIFA in 2022 and the banning of Crimean clubs from playing in the Russian league, linked to UEFA, after the Russian occupation of the Ukrainian peninsula in 2014.

The complaint is filed against Infantino and Čeferin because private organisations cannot be defendants before the ICC, but those individuals responsible for their policies can be.

The focus of the complaint is the fact that the IFA has been permitted to materially support, recognise, and include in domestic and international competitions clubs that are based in the stolen settlement land of the occupied West Bank.

Article 64(2) of FIFA Statutes prohibits member associations and their clubs from playing on the territory of another member association without the latter’s approval.

The complaint alleges that by allowing the IFA to oversee clubs that operate on stolen land, Infantino and Čeferin are accountable for normalising illegal Israeli settlements, in direct contravention of a 2024 pronouncement by the International Court of Justice (ICJ) and a resolution from the United Nations General Assembly, which found the settlements to be “unlawful” and required Israel to “cease immediately all new settlement activities, and to evacuate all settlers from the Occupied Palestinian Territory”.

The existence of sanctioned Israeli clubs in West Bank settlements, the referral argues, contributes to the transfer of the civilian population into the occupied territory, contrary to the Rome Statute Article 8(2)(b)(viii), by normalising colonisation.

Likewise, because Israeli clubs in the occupied territory prohibit Palestinians from spectating matches or playing for or managing these teams, the continued sanction of these organisations falls under the definition of aiding and abetting apartheid (a crime against humanity pursuant to Rome Statute Article 7(1)(j).

In continuing to allow the membership of these clubs and the IFA in global and European sport, the filing alleges that Infantino and Čeferin have acted in full knowledge that they have participated in the violation of international law based on the fact that they have deliberately ignored numerous reports and letters advising them to intervene.

Now that the complaint has been formally filed, the Office of the Prosecutor of the ICC will conduct a preliminary examination to confirm that the elements of jurisdiction, admissibility, and the interests of justice have been satisfied. They will then have the option to either decline to open the investigation or proceed to investigate the legal issues raised in the complaint.

If an investigation does ensue, evidence-gathering will occur and arrest warrants or summonses may ultimately be issued. If that happens, this would set an important precedent and give momentum to the campaign for justice for Palestine.

It is notable that while Israeli Prime Minister Benjamin Netanyahu has been able to dodge an ICC arrest warrant by cowering away from Rome Statute signatory states, it would be impossible for Infantino and Čeferin to do so while still fulfilling their roles, assuming it is enforced.

Football is, without question, one of the most popular sports on the planet. When such a cultural juggernaut is connected to business, what emerges is an industry like no other. FIFA and UEFA are global regulatory monopolies, meaning their rules and regulations act the same way a country’s legislation acts on its population. They also preside over a huge, lucrative industry worth hundreds of millions of dollars.

Given the amount of eyeballs and money at stake, the impact of a ban on participation is enormous, as Russia understands all too well after being subjected to suspension. This is no doubt exactly why the presidents of these organisations have refused to act against Israel under the guise of “political neutrality”.

As former UN special rapporteur on the occupied Palestinian territory, Michael Lynk, told us: “When an occupying power is blatantly committing war crimes by creating civilian settlements in occupied territory, the rest of the world – including states, corporations and international sporting organisations – is required to ensure the enforcement of international law by doing everything in their power to bring the violations to a swift end. Yet, FIFA and UEFA are sportswashing the illegal Israeli occupation by allowing the Israeli Football Association to include clubs based in the illegal settlements to participate in their domestic leagues. Nothing could be further from the rules of fairness and equity.”

The bottom line is that sport is and has always been political. The veneer of “political neutrality” conceals the reality that politics is the name of the game for FIFA and UEFA.

Nobody is entitled to stand above international law. It is time for the ICC to prove it. (Al Jazeera)

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