UK legal experts urge govt to halt arms sales to Israel

Three ex-Supreme Court justices were among 600 legal experts to state that the British Government’s refusal to cease selling arms to Israel could make them complicit in war crimes in Gaza. 

The Supreme Court’s former President Lady Brenda Hale, academics, retired senior judges, former court of appeal judges and over 60 KCs (King’s Counsel) signed a 17-page letter addressed to Prime Minister Rishi Sunak voicing their concerns, it was revealed by The Guardian on April 3. 

The letter urged the Conservative Government to take several actions to ensure that the UK was “not in breach of international humanitarian law”. 

It read, “Since that letter (referring to a document dating back to October 26, 2023), there have been significant developments in relation to the situation in Gaza. These include the provisional order of the International Court of Justice dated 26 January 2024, by which the Court concluded that there was a plausible risk of genocide in Gaza; UN Security Council Resolution 2728 on 25 March 2024 demanding an immediate ceasefire during the month of Ramadan; and the worsening situation in Gaza, where the UN and international aid agencies warn of imminent famine, and where a ground offensive is threatened in Rafah, the last place of refuge for two-thirds of the population.  

“We write in the light of these developments to remind you of your government’s obligations under international law, which require you to take, amongst others, the following five actions:  

1. to work actively and effectively to secure a permanent ceasefire in Gaza;
2. to take all available measures to ensure safe access to and delivery of the essentials of existence and medical assistance to Palestinians in Gaza, including confirmation that UK funding to UNRWA will continue with immediate effect;
3. to impose sanctions upon individuals and entities who have made statements inciting genocide against Palestinians;
4. to suspend the provision of weapons and weapons systems to the Government of Israel; and
5. to suspend the 2030 Road Map for UK-Israel bilateral relations and negotiations towards an enhanced trade agreement and to initiate a review into the suspension of the UK’s bilateral trade agreement with Israel and consider the imposition of sanctions.”

One of the signatories, Phillippa Kaufmann KC, commented, “That so many senior members of the UK legal profession are speaking with such force to urge the government to act upon its legal obligations, demonstrates the depth of our concern about the clear evidence of gross violations of international law in Gaza.” 

The revelation of the document comes shortly after 135 MPs and members of the House of Lords signed a letter calling for an arms embargo on the Middle Eastern state on March 27. 

The letter, written by Labour MP Zarah Sultana, was addressed to the Foreign and Business Secretaries, Lord David Cameron and Kemi Badenoch respectively. 

READ: Brit MPs push govt to block arms sales to Israel

Support for Israel amongst the British public and right-leaning media outlets has drastically dwindled over recent days and weeks partly due to seven World Central Kitchen workers, three of whom were British nationals, being killed by an Israeli airstrike in southern Gaza. 

British journalist Nick Ferrari, a self-proclaimed “friend of Israel”, said on his LBC radio show recently that Israel killing the aid workers was “indefensible” adding, “I would suggest now is the time that we (the UK) suspend, temporarily suspend, the sale of arms to Israel because some message has to get through.” 

Right-wing tabloid The Express published an article on April 4 criticising Israel’s military strategy in Gaza and warned that “pressure was mounting” on the country.

Conservative MP Paul Bristow said the idea British-made arms could be used to kill innocent civilians in Gaza “turns the stomach” adding that the deaths of the seven aid workers “must be a line in the sand”. 

Shortly after the incident on April 1, Rishi Sunak angrily phoned Israeli Prime Minister Benjamin Netanyahu to tell him that, “far too many aid workers and ordinary civilians have lost their lives in Gaza” as well as demanding a concrete inquiry into the most recent killings. 

The British premier’s demands were welcomed by David Cameron who noted that Israel must “make major changes to ensure safety of aid workers on the ground.” 

Sunak did not comment on the letter from the legal experts and the UK government has refused to publish its own legal advice on the matter however a leaked recording suggests its own lawyers have come to the conclusion that Israel has been acting in breach of international humanitarian law in the besieged Gaza Strip.  

The Guardian/The Express/BBC