![]() On Thursday, there were calls in Parliament for the Government’s own legal advice to be published.ĭavid Lammy, the shadow foreign affairs secretary, urged ministers to “publish the legal advice now”. ![]() No one knows for sure because it has not been published but it is unlikely to differ from the advice contained in the experts’ letter.Īlicia Kearns, head of the foreign affairs select committee, said last week she had been told that government lawyers believed Israel was committing human rights violations. What does the Government’s own internal legal advice say? The UK’s Strategic Export Licencing Criteria (SELC) requires the UK government to refuse to licence military equipment for export where there is “a clear risk that the items might be used to commit or facilitate a serious violation of international humanitarian law” it says. “Such transfers are prohibited even if the exporting state does not intend the arms to be used in violation of the law – or does not know with certainty that they would be used in such a way – as long as there is a clear risk,” it quotes UN legal experts as saying.įinally, the lawyers say that continued arms exports to Israel are probably in breach of UK domestic law. It adds that the UK could also be charged with “aiding and assisting” war crimes under other elements of international law. It says the provision of “military assistance and material” to Israel may render the UK “complicit in genocide”. The letter calls on the Government to suspend the provision of “weapons and weapons systems” to Israel. What does the law say about UK arms sales specifically? “It must act now in accordance with its obligation to prevent genocide.” The UK cannot wait until the ICJ decides for certain whether or not a genocide is being committed, they add. “Serious action is … needed to avoid UK complicity in grave breaches of international law, including potential violations of the Genocide Convention,” say the lawyers. The convention says signatories must take “all measures to prevent genocide which within its power” if they are to stay on the right side of the law. Lord Cameron, the Foreign Secretary, has been quite firm with Israel, so is the UK really in legal jeopardy? It points out that the ICJ has ruled it is “plausible” Israel is committing genocide in Gaza and that Britain is a signatory to the Genocide Convention.īritain therefore has a legal duty to “take immediate measures to bring to an end … acts giving rise to a serious risk of genocide,” it says.įailure to comply with these obligations “would incur UK state responsibility for the commission of an international wrong, for which full reparation must be made”. The letter says that “serious action” is needed to “avoid UK complicity in grave breaches of international law, including potential violations of the Genocide Convention”. What is the gist of the legal argument for an arms embargo? Israel is “absolutely not” in breach of international law, she said, adding that the very suggestion was “absurd”. He was supported yesterday by Suella Braverman, the former home secretary, who worked as a lawyer specialising in planning and immigration. It even call for sanctions to be placed on prominent individuals who have made statements inciting genocide.īenjamin Netanyahu, the Israeli prime minister, has called the allegations of genocide, which the International Court of Justice (ICJ) is investigating, “outrageous”, and said he has an “unwavering commitment to international law”. It argues not only that arms sales to Israel should be stopped to avoid this risk, but that Britain’s “strategic partnership” with Israel should be suspended. Lord Cameron and Rishi Sunak, as well as Whitehall officials, will be pouring over the detail of the text which was signed by three former Supreme Court justices, among others. UK ministers and officials could be charged with the crimes of “complicity to genocide” and “aiding and abetting genocide” unless the country rapidly changes course in its relations with Israel, a 17-page letter written by 600 of Britain’s top lawyers has argued. How international law could force Britain to stop arms sales and cut wider ‘strategic’ ties with Israel
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