Lawsuit in Egypt demands Sisi put 1979 Israel peace treaty to referendum

Lawyer and human rights advocate Mahmoud Hassanein has filed a lawsuit at Egypt's Administrative Court demanding that President Abdel Fattah al-Sisi call for a national referendum on the Camp David Accords and the peace treaty with Israel.

The lawsuit, filed against the president, the heads of both parliamentary chambers, and the Secretary-General of the Arab League, Ahmed Aboul Gheit, cites Articles 151 and 157 of Egypt's 2014 Constitution, which require public approval via referendum for treaties related to peace, alliance, or sovereignty.

The complaint calls for the immediate suspension of both the Camp David Accords and the 1979 peace treaty with Israel until the court issues a final ruling, arguing that a "state of necessity" now exists due to Israel's genocide in Gaza and its "aggressive actions" which pose a direct threat to Egypt's national security. 

In addition to the referendum demand, the case calls on the speaker of parliament to ratify the Rome Statute of the International Criminal Court (ICC).

It also asks the Arab League to adopt a resolution to end normalisation with Israel by member states who have treaties with it.

Egypt, Jordan, the United Arab Emirates, Bahrain, and Morocco have all established diplomatic relations with Israel, with Egypt becoming the first Arab country to do so in 1979.

The lawsuit argues that the peace treaty contradicts the Arab League Charter and the 1951 Joint Defence and Economic Cooperation Treaty between Arab states.

Article 2 of that treaty obligates signatory nations to consider any armed attack on a member as an attack on all, and to respond collectively, including with military force, to restore peace and security.

It further argues that Egypt’s peace agreement with Israel breaches Article 10 of the 1951 treaty, which prohibits signatories from entering into international agreements that contradict its provisions.

Hassanein says Israel has repeatedly violated international law and breached the very terms of the Camp David Accords.

The complaint cites Israel’s failure to comply with UN Security Council Resolution 242, which calls for Israeli withdrawal from territories occupied in 1967, as well as violations of General Assembly Resolution 194 regarding the status of Jerusalem and Palestinian refugees.

The lawsuit also references UN Resolution 3236, which affirms the inalienable rights of the Palestinian people, including the right to self-determination, sovereignty, and return. It accuses Israel of committing repeated violations that undermine regional stability and Egypt’s own national security.

Specifically, the lawsuit points to Israel's military occupation of the Salah al-Din (Philadelphi) border corridor between Gaza and Egypt. It argues that this violates Egypt's sovereignty under the peace treaty, which affirms Egypt’s full territorial rights over Sinai, including border areas.

The suit adds that under the 2005 Agreement on Movement and Access, Egypt holds a central role in managing the crossing in coordination with the Palestinian Authority and international observers.

The case asserts that any Israeli interference in the Philadelphi corridor constitutes an act of war against Egypt, breaches the peace treaty’s Article 2, concerning mutual respect for territorial integrity, and requires urgent legal and political response.

The complaint also highlights ongoing Israeli massacres in Gaza since 7 October 2023, which have killed over 51,000 Palestinians and injured nearly 100,000, mostly women and children, through strikes and other military operations.

It accuses Israel of committing acts of genocide, as defined by the Rome Statute, to which Egypt is a signatory.

The lawsuit concludes that Israel’s actions, taken collectively, nullify the legitimacy of the peace agreement and demand a national referendum to reassess Egypt’s position under the law and constitution. A hearing date for the case has not yet been set.