Leaked recordings obtained by the British government show that the British government has been advised by its own lawyers that Israel is violating international humanitarian law in the Gaza Strip but is not making it public. observer.
Comments made by Alicia Kearns, chair of the Conservative House of Commons Foreign Affairs Select Committee, at a Conservative Party fundraising event on March 13, contradict repeated denials and dodges by ministers on the issue.
On Saturday night, Ms Kearns, a former Foreign and Defense official who has repeatedly pressed ministers, including Foreign Secretary David Cameron, for legal advice, stood by her comments and called on the government to come clean. Ta.
“I remain convinced that the government has completed its latest assessment of whether Israel has demonstrated a commitment to international humanitarian law and has concluded that Israel has not demonstrated this commitment. “It's a legal decision that has to be made,” she said. “Transparency is of paramount importance at this time, especially in order to maintain international rules-based order.”
The revelations will put intense pressure on Prime Minister David Cameron and Chancellor Rishi Sunak, as such legal advice means Britain must end arms sales to Israel without delay.
Legal experts said that failing to do so would risk Britain being seen as aiding and abetting war crimes committed by countries to which it exports arms, and risking a breach of international law itself.
Responding to questions at a dinner reception hosted by West Hampstead and Fortune Green Conservatives in London, Mr Kearns said: “The Foreign Office has received official legal advice that Israel is in breach of international humanitarian law. However, the government has not announced it.”
“They haven't said that, and they haven't stopped arms exports. Everyone internationally agrees that what is being done, the way the settlers have continued and the money that has been put into it, should not be done.”
Kearns told the rally that he and Cameron strongly believe in Israel's right to defend itself. “But there are legal limits to the right of self-defense. It is not unlimited,” she said, suggesting that Israel's actions endangered the long-term security of Israel and the UK.
“Some of the ways Israel is pursuing this issue are destabilizing our long-term security. It's making our long-term security less certain. National Threat Level I'm surprised it hasn't gone up. It breaks my heart because I know it can be solved differently.”
Sir Geoffrey Neath, a British barrister and judge who served as lead prosecutor in the trial of former Serbian president Slobodan Milosevic from 2002 to 2006, said he would not be surprised at all to receive such advice from government lawyers. the public asked to state and make its recommendations.
Mr. Nice said, “If the belligerent parties cannot prove that their actions were proportionate, it becomes illegal.It would not be surprising if a lawyer at the Ministry of Foreign Affairs gave advice to that effect.''
If so, he said, “at the very least it would mean that the UK would have to consider the whole issue of arms sales to Israel”. That takes you into the realm of aiding and abetting. It takes you into very difficult territory. ”
He added: “Countries that supply arms to Israel may be complicit in criminal warfare. They should make their citizens aware of the content of this advice.”
British arms exports to Israel reached £42 million in 2022, although Defense Secretary Grant Shapps described the figure as “relatively small”.
But former prime minister Charles Falconer said the legal assessment that Israel had breached international law would also prevent Britain from sharing intelligence with Israel.
“No government adhering to the rule of law can ignore the mounting evidence of violations that would put it in violation if it continued to support it,” he said.
At a session of the Foreign Affairs Select Committee in January, Prime Minister Cameron asked Mr Kearns directly: “Haven't you ever been presented with a piece of paper by a Foreign Office lawyer saying that Israel is in breach of international humanitarian commitments?'' was asked. Based on international humanitarian law.”
Prime Minister David Cameron said: “I can't remember every piece of paper put in front of me…I don't want to answer that question.”
He later said, “If you ask me if I'm worried that Israel has taken actions that may violate international law… yes, of course I am.” That's why I consult lawyers from the Ministry of Foreign Affairs when advising on arms exports. ”
Other British ministers have previously maintained that Israel complies with international law. In late November, Business Secretary Kemi Badenoch said on Sky News: “We've always said that Israel should abide by international law, and that seems to be what they've done… It seems like a lot of effort is being put into it.” Staying within the law. We commend them for that. ”
Labor has repeatedly called for the government to be transparent about the legal advice it receives.
On 22 March, Shadow Foreign Secretary David Lammy MP wrote to Prime Minister Cameron asking him to publish legal advice on Israel's compliance with international humanitarian law.
On 26 March, in the House of Commons, Mr Lammy told the Secretary of State for Development and Africa, Andrew Mitchell MP, that the Foreign Secretary had confirmed that the UK-approved items were used to carry out or facilitate criminal activity. We asked whether they had received legal advice that there was a clear risk that they would be used. Serious violation of international humanitarian law. “No government would do that,” Mitchell said.[es] '' and later added, “We do not disclose internal legal advice.''
Last week, the International Court of Justice ordered Israel to allow unimpeded access to food aid to Gaza, where vast numbers of people face imminent starvation. Prime Minister Cameron has repeatedly expressed dissatisfaction with Israel's actions to block aid supplies from crossing the border into Gaza.
The war began on October 7 after Hamas launched attacks inside Israel, killing more than 1,100 Israelis, most of them civilians, and taking about 250 hostages.
Israeli military attacks on Gaza have killed more than 32,000 people, the majority of them women and children, according to local health authorities.
A Foreign Ministry spokesperson said: “We constantly consider advice regarding Israel's compliance with international humanitarian law and ministers act on that advice, including when considering export licenses.” The contents of the government's recommendations are confidential. ”
