Last Updated on 08/09/2024 by Arun jain
Last week the Foreign Secretary announced that the U.K 30 licenses for arms export suspended Israel has been heavily criticized for playing politics and abandoning a key ally facing a seven-front war. Iran and its proxies. Based on the government’s published reasoning and analysis, that too is illegal.
The announcement was not surprising given the clear political motivation driving the decision. Indeed, according to several media reports, the government suspended issuing new licenses for arms exports to Israel in July, ahead of an in-depth legal review and analysis of its promise.
It is striking that the UK’s stated concerns, in its announcement, about Israel’s treatment of detainees and the facilitation of aid, have nothing to do with the weapons it says it has banned. The disconnect with the applicable test is: “a clear risk that the items may be used to commit or facilitate a serious violation. International Humanitarian Law“
The government has admitted that it has not reached a decision on the conduct of hostilities. Further explanations provided by the Solicitor-General were equally inconsistent, and at some points clearly reversed this legal test, stating that “the UK Government can only grant an export license for arms if it is satisfied that it [sic] Weapons shall not be used in violation of international humanitarian law.
The UK and US governments have expressed satisfaction with Israel’s conduct in hostilities. Indeed, experts, including members of the High Level Military Group, have reported that Israel’s targeting, proportionality and civilian casualty reduction efforts are far beyond the capabilities of the British and US military. Concerns raised by the Foreign Secretary about aid and detention, however misplaced, have nothing to do with weapons that the government says are subject to the embargo.
Guidance upheld by the Court of Appeals indicates that there must be a clear link between the reasons for such a decision and the specific use of the prohibited items or technologies. But no such link has come up in this case. A decision by a government body based on improper motives or irrelevant considerations is illegal.
The UK’s statutory export control regime sets out clear requirements for when an export ban on certain items is justified. It does not permit restrictions on exports based on political considerations, nor does it permit restrictions based on factors unrelated to the use of the goods concerned. The government’s disclosure violates these principles.
I was in Gaza last week with an expert military delegation from around the west, escorted by the 162nd Division. Israel Defense Forces. We have seen first-hand the unprecedented measures the IDF is taking to prevent civilian casualties and facilitate aid to Gaza, despite the diversion and theft of supplies by Hamas. I saw an aid facility at the Kerem Shalom crossing, with back-up lorries, after an Israeli inspection, awaiting distribution by international organizations. I saw piles of aid, including rotting food, inside the Gaza Strip. The latest figures published by COGAT indicate that 50,390 lorry-loads of aid have entered Gaza since the start of the war, containing 974,059 tonnes of aid. The refusal rate at the time of inspection is 0.009 percent. The assessment of aid going to Gaza far exceeds the nutritional needs estimated by the World Food Program for the Strip.
Let us be clear about the implications of a decision which is completely contrary to legal principles and facts on the ground. David Lammy claimed that the change “will not materially affect Israel’s security”. He is badly mistaken. This is not just a disastrous policy decision because it Serves to encourage Hamas And other Iranian terrorist proxies continue to kill Israelis and Palestinians. It also ruled out the possibility of any deal to release the hostages, shortly after the cold-blooded killing of six hostages by Hamas.
It prolongs the suffering of all people in the region and signals the UK’s abandonment of the only true democracy in the Middle East. It encourages the political targeting of the Jewish state and deals a significant blow to the rule of law.
Post David Lamy’s decision to suspend arms exports to Israel is not wrong. It is illegal appeared first The Telegraph.