(seeder not working)
Israeli settlement clubs violate Art. 72, para. 2 and Art. 3 FIFA Statutes.
Yet, under Art. 14, para. 1 lit. a) FIFA Statutes, the IFA must fully comply with the FIFA Statutes, and thus also comply with Art. 72, para. 2 FIFA Statutes, as well as with Art. 3 FIFA Statutes.
According to Art. 14, para. 2 FIFA Statutes, violations of these obligations by the IFA may be sanctioned, including by the possibility of suspension (Art. 16) or expulsion (Art. 17).
Although FIFA enjoys a degree of discretion with regard to disciplinary sanctions, it is important to note that the question of Israeli settlement clubs does not concern complex factual issues, the question whether IFA violates Art. 72, para. 2 and Art. 3 FIFA Statutes being a purely legal one.
Accordingly, FIFA’s discretion on the matter is considerably reduced, to say the least.
In light of these considerations, it is submitted that FIFA would abuse its discretion if it were to allow the status quo to continue given the ongoing violations of Art. 72, para. 2 and Art. 3 FIFA Statutes by the IFA.
At the same time, while there is a clear legal basis for FIFA to impose disciplinary measures on IFA, any continuation of the status quo opens FIFA to litigation before the CAS. As a matter of fact, the PFA has a legally protected right under Art. 72, para. 2 and Art. 3 FIFA Statutes that no other association play matches on its territory absent its consent.
There is obviously an important inherent value in keeping politics out of sports. Yet, any decision by FIFA not to follow the international community’s recognition of the West Bank and East Jerusalem as occupied Palestinian territory, and to disregard the illegality of the Israeli settlements under international law, would itself be quintessentially political and would contribute to the continued violation of international law. By not taking action, it would be FIFA that would take a political decision.
In contrast, following the lead of the international community, and namely that of the organs of the United Nations including the Security Council, by taking positive action against the Israeli settlement clubs would leave politics where it is supposed to be, namely within such political organs and the international community at large.