THERE is a “real prospect” that UK Government ministers and officials may be held liable under international law for crimes committed by Israel, according to a leading barrister.
In a legal opinion commissioned by the campaign group Global Justice Now, Cornerstone Barristers’ Sam Fowles looked at whether individuals in the UK could be in breach of international law as a result of aid and assistance given to Israel through a principle known as “vicarious liability”.
Fowles noted rulings from the International Court of Justice (ICJ) which said that Israel’s occupation of Palestinian areas such as Gaza and the West Bank are unlawful, and that Palestinians’ rights under the Convention on the Prevention and Punishment of the Crime of Genocide have “plausibly” been violated.
He noted that ministers or officials within the UK Government could be found vicariously liable “where they have rendered aid and assistance which has facilitated the wrong and have done so with knowledge of the wrong … or the knowledge that, in the normal course of events, the wrong is almost certain to occur”.
Fowles also said it is likely that the UK’s trading relationship with Israel – which the Labour government are looking to strengthen – has helped to facilitate the illegal occupation of Palestinian territory.
Commenting on Fowles’s analysis, Global Justice Now’s Tim Bierley said: “Alarm bells should be sounding across Whitehall at this legal opinion: the UK Government is putting its own ministers and civil servants at risk of prosecution by its continued failure to withhold support for Israel's actions.
“What on earth is it waiting for? It is long overdue for the UK to match words with actions by immediately suspending arms sales, trade talks and other aid and assistance to Israel."
The news comes after senior Foreign Office official Mark Smith resigned his post amid concerns that the UK Government was knowingly breaching international law.
“Each day we witness clear and unquestionable examples of war crimes and breaches of international humanitarian law in Gaza perpetrated by the State of Israel,” Smith said.
He added: “I can no longer carry out my duties in the knowledge that this department may be complicit in war crimes.”
He added that he was “a subject matter expert in the domain of armed sales policy”, having formerly worked on the arms exports licensing assessment in the Middle East and North Africa Department (MENAD).
While in opposition, now-Foreign Secretary David Lammy called on the Tory-run government to publish its legal advice on whether arms exports to Israel are in breach of international law.
However, now in power the Labour MP has refused to do so himself, while Israel weapons exports continue.
In a letter sent to Lammy, Global Justice Now director Nick Dearden urged the UK Government to “withdraw all aid and assistance to Israel that risks supporting wrongful acts, including genocide, war crimes, and crimes against humanity”.
Dearden said this should include:
- Placing an immediate and complete arms embargo on Israel;
- Committing not to enter into any free trade agreement with Israel until it has ended its attacks on Gaza and its unlawful occupation of the Palestinian territories;
- Suspending trade privileges, agreements and negotiations with Israel with immediate effect;
- Suspending cooperation with Israel’s defence sector and any sectors of Israel’s economy involved with the illegal occupation and/or the military operation in Gaza.
According to its export policy, the UK Government must block the supply of weapons to a nation if there is “a clear risk” that the items might be used to commit or facilitate “internal repression” or “a serious violation of international humanitarian law”.
The UK Government's Foreign Office and Trade Department – which jointly hold responsibility over arms exports – were both sent Fowles’s legal opinion and asked for comment.
A UK Government spokesperson said in response: “This government is committed to upholding international law. We have made clear that we will not export items if they might be used to commit or facilitate a serious violation of International Humanitarian Law.
“There is an ongoing review process to assess whether Israel is complying with International Humanitarian Law, which the Foreign Secretary initiated on day one in office. We will provide an update as soon as that review process has been completed.”
