Thursday, April 04, 2024

Legal experts urge British government to suspend arms sales to Israel


Armored vehicles made by Britain's BAE systems. Pressure is growing on the British government to suspend exports of weapons and weapons systems to Israel despite the fact sales in 2022 were just $53.2, less than 0.02% of the value of U.S. sales and military aid. 
File Photo by Roger L. Wollenberg/UPI | License Photo

April 4 (UPI) -- More than 600 British lawyers, academics and members of the judiciary, including three former high court judges, urged Prime Minister Rishi Sunak on Thursday to suspend arms exports to Israel to "avoid complicity in serious breaches of International Humanitarian Law."

In a 17-page letter they told Sunak that as a signatory of the 1948 Genocide Convention, Britain must stop the weapons sales in light of the International Court of Justice's Jan. 26 provisional finding of "plausible risk of genocide" by Israel in Gaza.

"The ICJ's finding of plausible risk, together with the profound and escalating harm to the Palestinian people in Gaza, constitute a serious risk of genocide sufficient to trigger the U.K.'s legal obligations," the letter states.

The Genocide Convention requires nations to employ all means reasonably available to them to prevent genocide in another state as far as possible.

The letter goes on to say that the ICJ's genocide ruling "placed your government on notice that weapons might be used in its commission and that the suspension of their provision is thus a "means likely to deter" and/or "a measure to prevent" genocide."

The weapons embargo is among five demands including pushing harder to secure a permanent cease-fire, ensure safe access to and delivery of the essentials for life and medical assistance, resume funding of the U.N. Palestinian Refugee and Works Agency and sanction individuals and entities who have incited genocide against Palestinians.

In addition, they want a bilateral treaty signed last year to elevate U.K.-Israel ties to a strategic partnership by 2030 suspended and a review into suspending a trade agreement with Israel, to impose economic sanctions.

The group also argues ongoing arms exports to Israel could be in breach of the 2013 U.N. Arms Trade Treaty that prohibits the supply of weapons to carry out genocide or serious violations of international humanitarian and human rights laws as well as Britain's own export control regime.

"The U.K.'s Strategic Export Licensing Criteria require the U.K. government to refuse to license 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 wrote.

"The same principles apply where arms or military equipment might be used to commit or facilitate acts which constitute genocide."

Sunak, who is under public and political pressure over the killing Monday of three British aid workers in Gaza in an Israeli airstrike, has so far resisted calls to reconsider Britain's united stand with Israel.

"I think we've always had a very careful export licensing regime that we adhere to," he said.

"There are a set of rules, regulations and procedures that we'll always follow, and I've been consistently clear with Prime Minister Netanyahu since the start of this conflict that whilst, of course, we defend Israel's right to defend itself and its people against attacks from Hamas, they have to do that in accordance with international humanitarian law."

Senior national political figures and lawmakers in Sunak's Conservative Party, however, are pushing for a change in policy, including former national security adviser Lord Ricketts who said Britain needed to send Israel a strong message by stopping the arms exports.

Former Foreign Office minister Hugo Swire said that while he fully supported arms sales for Israel to defend itself he opposed the "selling of arms which can be -- and now look as if they are being -- used offensively in Gaza."

Welsh MP David Jones said the government must "urgently reassess its supply of arms and deliver a stern warning to Israel about its conduct."

MP Paul Bristow said the thought that British-made weapons could be used "in action that kills innocent civilians in Gaza turns the stomach."

Hampshire MP Flick Drummond called for arms sales to be stopped "for the foreseeable future".

"This has been concerning me for some time. What worries me is the prospect of U.K. arms being used in Israel's actions in Gaza, which I believe have broken international law," she said.


UK is ‘complicit’ in Israel's killing of British aid workers in Gaza, says CAAT
Campaign Against Arms Trade (CAAT)

April 4, 2024 at 9:07 am

A view of damaged vehicle carrying Western employees after Israeli attack in Deir al-Balah, Gaza on April 02, 2024
 [Ali Jadallah/Anadolu Agency]

The UK government and arms industry are both complicit in Israel’s killing of seven aid workers in Gaza, including three British citizens, the Campaign Against Arms Trade (CAAT), has alleged. The workers were killed by a strike from a Hermes 450 drone manufactured by Israeli-owned company Elbit Systems. The drone is powered by a UK-made R902(W) Wankel engine, produced by Elbit subsidiary UAV Engines Limited in the UK.

“This government is complicit in the murder of UK aid workers in Gaza,” said CAAT spokesperson Emily Apple. “It has had every opportunity to impose an arms embargo and has refused to do so.” Apple added that while CAAT’s thoughts are with the families and friends of the aid workers killed, they are also with the families and friends of the tens of thousands of Palestinians who have been killed by Israel.

CAAT’s allegation follows revelations that the Foreign, Commonwealth and Development Office (FCDO) in London is hiding legal advice that Israel is breaching International Humanitarian Law (IHL), according to Foreign Affairs Committee chair Alicia Kearns MP. The news of the suppressed legal advice was revealed in the Observer from a recorded speech Kearns made at a fundraiser.

“Not only is our government complicit in genocide, but it also knows that it is,” explained Apple. “Time and again Foreign Secretary David Cameron and FCDO ministers have refused to answer direct questions on the legal advice they’ve received. They have misled parliament and made a mockery of both our democracy and international law.”

According to its own arms export licensing criteria, the UK government must halt arms sales when there is a clear risk they could be used in IHL violations.

On 19 February, Global Legal Action Network (GLAN) and Palestinian Al-Haq legal rights NGO were refused permission to take the government to court over its arms sales. The “outrageous” refusal was based on the grounds that the government is carrying out a rolling review process. They have now been granted an oral hearing to argue again for the case to be allowed to proceed.

Since 2015, the UK has licensed £487 million ($617 million) worth of weapons to Israel. However, this does not include equipment exported via open licences. In particular, 15 per cent of the value of every US-made F-35 combat aircraft, which Israel uses to bomb Gaza, is made in the UK, exports for which are covered by an open licence with no limit on the quantity or value of exports. CAAT estimates conservatively that the work on the 36 F-35s exported to Israel up to 2023 has been worth at least £368 million ($466 million) to the UK arms industry.

Campaign Against Arms Trade and Palestine Solidarity Cornwall held an emergency vigil-cum-protest in Falmouth, Cornwall on Wednesday evening. One of the people killed in the attack, James Henderson, was from Falmouth.

“We are devastated to hear that James Henderson — known as Jimmy to his friends — was one of the aid workers killed by a targeted strike from Israel, and our deepest thoughts and condolences are with his family and friends,” said a spokesperson for Palestine Solidarity Cornwall, who confirmed that the campaign group did not speak on their behalf. “We gathered to pay our respects and show our solidarity to James, and to all of the needlessly martyred people of Palestine, as we have been doing week in and out since this genocide escalated in October.”

Palestine Solidarity Cornwall pointed out how “scandalous” it is that almost 200 aid workers have been killed by Israel over the past six months, and that the inevitable deterrent this will pose for the already extremely restricted yet essential aid sector will have a devastating effect on humanitarian aid reaching starving Palestinians in Gaza.

This is a deliberate attempt to ensure the war crime of starvation that Israel has engineered cannot be stalled by foreign aid.

“James is one of over 37,000+ people to be murdered since the start of October, each one an individual with a life, a story and a family, and our politicians can no longer look away. James’s killing, like the 37,000 Palestinians killed — including 14,000 children — could have been prevented by our government, and others around the world, ceasing arms deals with Israel and refusing to support a genocide. They are guilty. This blood is on their hands.”

According to CAAT, it is clear that the UK government has nothing but “contempt” for Palestinian people. “Despite Israel deliberately causing a famine, in which over a million people face starvation, and despite killing tens of thousands of people, this government has chosen to prioritise the profits of arms dealers over Palestinian lives,” spokesperson Apple pointed out.

“Every day people are taking action against arms companies profiting from the genocide Israel is committing. This has to continue. Every single company that supplies weapons or military must be held to account. Our government has failed us, and it has failed the Palestinian people, and it has failed its own citizens. It is down to us to take action.”

UN official says attacks on humanitarian institutions and workers prohibited under international law

Martin Griffiths, the UN Under-Secretary-General for Humanitarian Affairs, says whether Israel’s attack on the World Central Kitchen (WCK) convoy is intentional or not, it remains a crime. Israel attacked a clearly marked WCK convoy despite the organisation coordinating their route with Israeli forces. Seven aid workers were killed, including UK, US-Canadian, Australian, and Palestinian nationals.

April 4, 2024





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