Last Updated on 08/09/2024 by Arun jain
Sir Keir Starr is facing a legal challenge Government’s decision to impose an embargo on certain arms exports to Israel.
UK lawyers for Israel have warned ministers that it is prepared to apply for a judicial review to overturn the move, which it says was “improperly done”.
It comes after that David Lammy, Foreign Secretary, announced in parliament that it was suspending about 30 arms export licenses for Israel.
This decision has created a significant reaction, including Labor MPs who said it had “upset and angered” many Jewish voters.
UK lawyers for Israel have now written to the government warning it is prepared to challenge the legal basis of the announcement.
Arms exports should only be stopped if it can be demonstrated that the arms will be used in violation of international humanitarian law.
‘absolutely misleading’
Separately, former Conservative leader Lord Howard has written to Sir Keir Starmer alleging Baroness Chapman, Foreign Office Minister, Misleading Parliament by claiming that the government “needs to suspend certain export licences”.
Peer said the statement in the House of Lords on Tuesday was “factually false and grossly misleading” because “a commitment to comply with international humanitarian law is not the only criterion for making export-licensing decisions”.
Lord Howard told the Prime Minister that Baroness Chapman’s comments were a breach of the ministerial code of resignation and should be rectified.
Announcing the decision to suspend a number of export licenses last Monday, Mr Lammy said it would cover “equipment that we assess to be used in the current conflict in Gaza”.
He said this affects “critical components that go into military aircraft, including fighter jets, helicopters and drones, as well as those that facilitate ground targeting”.
But the foreign secretary cited only two specific justifications for the determination that Israel violates humanitarian law.
One charge was that it failed to ensure that sufficient aid was received in Gaza and the other was its alleged mistreatment of Palestinian prisoners.
‘Beyond the Legislative Framework’
UK lawyers for Israel said both of these reasons had “nothing to do” with how weapons subject to the embargo could be used.
Mr Lammy admitted that “in many cases it is not possible to reach a definitive conclusion on allegations of hostile conduct by Israel”.
In a letter to Jonathan Reynolds, the business secretary, UK lawyers for Israel said the reasons given for the decision “do not reflect statutory requirements”.
“It appears that the decision was taken outside the legal framework governing export controls and was therefore illegal and/or irrational,” the group wrote.
“The UK’s statutory export control regime sets out clear and quantified requirements for when export restrictions on certain items are justified.
“It does not allow restrictions on exports based on political considerations, nor does it allow restrictions based on factors that have no relation to the use of the goods concerned.
“By its decision, the UK appears to have violated both such principles.”
Two week deadline
Although the ban was announced by Mr Lammy it is Mr Reynolds’ department which is responsible for granting arms export licences.
UK lawyers for Israel sent its “pre-litigation letter” to the business secretary on Friday.
Ministers have a two-week deadline to satisfactorily explain their decision, or the group will apply for a judicial review that could overturn it.
In such a situation, the High Court judge will then decide whether the way the government took the decision is legal.
Jonathan Turner, chief executive of UK Lawyers for Israel, said: “Many people are appalled by the government’s decision to suspend existing licenses for arms sales to Israel as it battles a ruthless, genocidal enemy on multiple fronts.
“However, we find this decision unlawful. The government has to decide whether there is a clear risk that the items provided could be used to commit or facilitate serious violations of international humanitarian law.
“But the grounds he has given for the decision are that Israel has allegedly not done as much as it should have done to provide humanitarian supplies and allegations of mistreatment of some Palestinian detainees – which Israeli authorities are investigating. It has nothing to do with how it happens.
“The reality seems to be that this decision was taken on political grounds, which the law simply does not allow.
“We have therefore written to the minister indicating our intention to challenge the decision in court until we receive a satisfactory answer.”
A spokesman for the Department for Business and Trade said: “We will consider the letter when we receive it but we do not comment on the potential for future legal action.”
criticized the ban
It comes after three Labor MPs in London, including the solicitor general, one of the government’s top legal advisers, criticized the arms ban.
In a letter to Mr Lammy, they said voters “raised questions about the message the decision sends to Israel’s enemies, including Hamas, Iran and Iran’s proxies”.
Among the three signatories were Sarah Sackman, the solicitor general, and backbenchers David Pinto-Duchinsky and Dan Tomlinson.
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