LONDON: The UK’s attorney general will not agree to ban the sale of weapons to Israel unless it can be proved they will be used to break international law.
Richard Hermer, the government’s most senior legal adviser, intervened after Foreign Secretary David Lammy announced a review into the granting of licenses to export weapons amid fears they could be used in Gaza.
Lammy suggested that “offensive” weapons would not be sold to Israel, but left room for the export of “defensive” equipment, criteria which have proved difficult for Foreign Office officials to establish.
He was expected to announce changes to arms export licensing to Israel in Parliament before the summer recess, but this has been delayed as Hermer insists on a high burden of proof that weapons systems could be in breach of the law before decisions are taken.
Prime Minister Keir Starmer is also said to be closely involved in the decision-making process.
A source with knowledge of the process told The Guardian: “International humanitarian law is vague but it does say we need to show we have considered every possibility. That’s why the main holdup here is legal, not diplomatic.”
The High Court in London last week received over 100 pages of testimony from a group of lawyers over alleged Israeli crimes committed during its military campaign in Gaza, including claims of torture.
However, allegations that Israel might use British-made weapons to break international law in Gaza have caused controversy in Israel, with Prime Minister Benjamin Netanyahu said to be upset by the suggestion, and with fears mounting that conflict could escalate into Lebanon in the coming weeks.
The UK government appears, meanwhile, to have suspended granting new arms export licenses to Israel while the review is ongoing, with applicant businesses reportedly receiving messages from the Department for Business and Trade saying applications are not being processed for the time being.
That has not stopped a significant amount of dissent over previous and current sales, with one UK diplomat based in the Republic of Ireland quitting his job earlier this month, claiming the UK government had sold weapons to Israel while it perpetrated “war crimes in plain sight.”
A Foreign Office spokesperson told The Guardian: “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.”
