Charity Commission threatened with legal action over failure to investigate Trinity College Cambridge’s arms investments and companies operating in illegal settlements
London, 13th August 2024- The Charity Commission for England and Wales’ refusal to investigate Trinity College Cambridge after the International Centre of Justice for Palestinians (ICJP) filed a formal Complaint to the Commission is seen as potentially unlawful, prompting the threat of legal action by ICJP. The Charity Commission not only failed to investigate Trinity, but also failed to disclose adequate reasonings for refusing to do so.
As a UK registered charity, Trinity College Cambridge is regulated by the Charity Commission. On 7th May 2024, ICJP submitted a Complaint to the Commission concerning Trinity, regarding their investments in arms companies and illegal Israeli settlements. This action followed two warning notices that ICJP sent to Trinity on 28th February and 30th April, respectively. Ultimately, Trinity voted to divest from arms companies six days after ICJP submitted its complaint to the Charity Commission but has still not made a public decision on investments in illegal Israeli settlements.
Trinity’s decision came due to a combination of pressure from ICJP and grassroots student encampments, rather than from the Charity Commission itself. Now, ICJP has issued the Commission with a ‘pre-action protocol’ letter. This is a step required prior to lodging a judicial review, whereby specific procedures that must be followed are outlined before the formal issuing of proceedings. The Charity Commission now has until the 20th August 2024 to reply, after which further steps may be taken, depending on the response received.
The pre-action protocol letter asserts that Charity Commission’s decision does not align with the Commission’s legal obligations, is ‘irrational’, and that the opacity of the process fell short of meeting public confidence, compliance and accountability objectives. The Commission must now disclose details regarding their assessment that led to their decision not to investigate further.
The pressure on Trinity College Cambridge developed after a Freedom of Information Act request in February 2024 revealed that Trinity had investments worth millions in American, British and Japanese companies which are directly involved in Israel’s current military campaign in Gaza and Israel’s continued unlawful occupation, including a £61,735 investment in Israeli arms manufacturer Elbit Systems. Other companies included Caterpillar, General Electric, Toyota Corporation, Rolls-Royce, Barclays Bank and L3Harris Industries.
Senior Legal Officer Dania Abul Haj said:
“Trinity divesting from arms shows how strong the student movement is. Students across the world are campaigning tirelessly to urge their universities to divest from arms companies potentially complicit in Israel’s genocide, and we’ve finally started to see results.
If anything, this case has proven that campaigning, advocacy and litigation, when undertaken in coordination, can result in core change to the policies of institutions that should be held accountable by the people they are made for.
But an already uphill battle is made all the harder by the fact that the Charity Commission has failed in upholding its mandate to investigate charities that may be breaking the rules, even when the evidence is clearly laid out for them. The Commission has been opaque and evasive when it comes to its reasoning regarding investigations. It must carry out its duties or face the legal consequences.”
ENDS
Notes to Editors:
- The International Centre of Justice for Palestinians is an independent organisation of lawyers, politicians and academics who support the rights of Palestinians and aim to protect their rights through the law.
- ICJP’s previous press releases on Trinity College from the 28th February, 1st May and 13th May.
- ICJP are able to provide more information and comments, or to arrange an interview with a spokesperson, please contact the ICJP news desk at [email protected].