The Lawfare Project (LP) recently announced a major victory against Kuwait Airways Corporation (KAC) and the Arab League boycott of Israel. LP’s Swiss Counsel Philippe Grumbach filed civil and criminal complaints against KAC in Geneva, for refusing service to Israeli nationals, in violation of anti-discrimination laws.
The complaints against the airline were filed on behalf of an Israeli national living in Switzerland, after being denied a ticket on a KAC flight from Geneva to Frankfurt, Germany. The criminal complaint against KAC was filed with the Prosecutor General, and is based on the “airline’s violation of the Swiss Penal Code as well as Swiss constitutional provisions that protect individuals facing discrimination based on race, religion or ethnicity.” The civil complaint, filed with the Swiss Federal Office of Civil Aviation (FOCA), argues that the KAC “is violating the fundamental rights of Swiss residents and those traveling through Switzerland,” and also “asks that the FOCA demand an end to KAC’s discrimination and withdraw the airline’s operating license until such time as the airline comes into compliance with Swiss law.”
Kuwait’s law prohibits “all domestic companies from conducting business with Israeli citizens,” including “KAC flights between third countries.”
KAC flights between the United States and Europe have been terminated since last December, following U.S. Department of Transportation’s investigation of airline’s policies and practices. Their findings lead them to determine that the airline “was unequivocally operating in violation of federal anti-discrimination laws.”
The Lawfare Project stated, “[b]y cancelling these lucrative flight paths rather than admitting Israelis on KAC flights, the airline–a wholly owned instrumentality of the Kuwaiti government–is demonstrating its commitment to discrimination even while exposing itself to enormous pecuniary loss… National origin discrimination has no place in global commerce, and these practices will be prosecuted and penalized whenever and wherever they are attempted in the Western world.”
This victory sets an important precedent in halting illegal attempts to boycott the Jewish state.
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