Partial ban on arms sales to Israel: Israel’s violations of international law finally recognised, but this ban is too little and too late
2nd September 2024- 331 days after Israel’s genocide on Gaza began, and 59 days after Labour took office, the UK government acknowledged there is a ‘clear risk’ of Israel seriously violating International Humanitarian Law (“IHL”) and decided to suspend a total of 30 of 350 licences to Israel.
It is important that a ban has finally been implemented, but it does not go nearly far enough, and it has come far too long into Israel’s genocide in Gaza. To end British complicity, the UK government must immediately enact a total ban on arms sales.
Following a long-awaited government review, the partial suspension only reflects less than 10% of existing licenses to Israel. The report found that there was a ‘clear risk’ that UK-manufactured weapons might be used to commit ‘a serious violation of international humanitarian law.’ However, Foreign Secretary David Lammy made it very clear that this decision is “not a blanket ban, this is not an arms embargo”.
Lammy’s partial policy, is highly problematic. The decision to continue exporting parts for F-35 aircraft in particular means that he’s stopped short of stripping Israel of its tools of genocide. Notably, the UK provides approximately 15% of the components in the F-35 stealth bomber aircraft currently being used in Gaza.
For full transparency, the International Centre of Justice for Palestinians (ICJP) is calling for the legal advice to be published. The government must make clear how they reached this decision, and why the ban does not go further, when it is abundantly clear how far-reaching Israel’s violations of IHL are.
Under international and domestic law, the UK has an obligation to halt transfer of military equipment and technology where there is a risk that this equipment and technology is being used in a breach of international humanitarian law. This is a binding obligation outlined within Articles 6 and 7 of the International Arms Trade Treaty (ATT), and criteria one and two of the UK’s Strategic Export Licensing Criteria (SELC).
The decision comes following mounting pressure on the government, following a high-profile resignation from British diplomat Mark Smith, regarding the UK’s continued arms sales.
Senior Public Affairs Officer Jonathan Purcell said:
“The government has finally admitted there is a ‘clear risk’ that ‘some’ UK arms could be violating international law. Not that such an admission was necessary when faced with the facts on the ground.
That’s putting it lightly. The UK government has some serious questions it needs to answer in relation to this, why has it taken so long when the bar was so low? When will the UK government ensure that it’s holding itself to its legal obligations, the same ones it once negotiated and agreed on?
It is clear as day that Israel is violating international law, too many Palestinians have endured irreversible losses and harm – we need a total ban now.”
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 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].