UK to suspend some arms sales to Israel as exports 'risk breaching international law', Foreign Secretary says

2 September 2024, 16:34 | Updated: 2 September 2024, 19:29

The UK will suspend some arms sales to Israel, the Foreign Secretary has said.

David Lammy told MPs on Monday afternoon that there was a "clear risk" that the sales could result in arms being used in a way that could breach international law.

Mr Lammy said that the UK is suspending around 30 export licenses for arms and military equipment, out of a total of 350.

This will affect equipment like military aircraft, helicopters and drones.

The government does not supply arms to Israel directly, but does grant licenses to private companies to sell to Israel. Last year British companies sold around £42 million worth of military equipment to Israel.

Mr Lammy said: "This is not a blanket ban, this is not an arms embargo."

Reaction to the news has been mixed. Former Defence Secretary Grant Shapps told LBC's Andrew Marr the suspension was akin to "student politics". Some MPs on the left of Labour, and some charity leaders, called for ministers to go further.

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Ministers have been under pressure to suspend arms exports to Israel for some time, with some protesters claiming that Britain is indirectly complicit in the deaths of tens of thousands of people in Gaza.

It comes as Israeli Prime Minister Benjamin Netanyahu faces pressure to bring about a ceasefire with Hamas, with widespread protests held across the count after six hostages were killed in Gaza on Saturday.

Mr Lammy told the Commons: "Facing a conflict such as this, it is this Government's legal duty to review export licences. Criteria 2C of the strategic export licensing criteria states that the Government will not issue export licences if there is a clear risk that the items might be used to commit or facilitate serious violations of international humanitarian law.

"It is with regret that I inform the House today the assessment I have received leaves me unable to conclude anything other than that for certain UK arms exports to Israel, there does exist a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law.

"I have informed (Jonathan Reynolds) the Business and Trade secretary, and he is therefore today announcing the suspension of around 30 from a total of approximately 350 to Israel, as required under the export controls act. These include equipment that we assess is for use in the current conflict in Gaza."

Mr Reynolds, in a written ministerial statement, said the suspended items include "components for fighter aircraft (F-16s), parts for unmanned aerial vehicles (UAVs), naval systems, and targeting equipment."

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Mr Lammy said that the suspension of some arms exports "not a determination of innocence or guilt".

He told MPs: "Throughout my life, I have been a friend of Israel. A liberal, progressive Zionist who believes in Israel as a democratic state and a homeland for the Jewish people, which has both the right to exist and defend itself.

"But I believe also that Israel will only exist in safety and security if there is a two-state solution that guarantees the rights of all Israeli citizens and their Palestinian neighbours, who have their own inalienable right to self determination and security.

"As concern that the horrifying scenes in Gaza has risen, many in this House, as well as esteemed lawyers and international organisations have raised British arms export licensing to Israel.

"After raising my own concerns from opposition, on taking office, I immediately sought to update the review, and on my first appearance as Foreign secretary in this House, I committed to sharing the review's conclusions.

"We have rigorously followed every stage of the process which the previous Conservative government established, and let me first be clear on the review's scope, this Government is not an international court.

"We have not and could not arbitrate on whether or not Israel has breached international humanitarian law. This is a forward looking evaluation, not a determination of innocence or guilt, and it does not prejudge any future determinations by the competent courts."

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Mr Lammy also said that Israel could be doing more to ensure "life-saving food and medical supplies" reach civilians in Gaza, Foreign Secretary David Lammy said.

He told the Commons: "Israel's actions in Gaza continue to lead to immense loss of civilian life, widespread destruction to civilian infrastructure, and immense suffering.

"In many cases, it's not impossible to reach determinative conclusion on allegations regarding Israel's conduct of facilities, in part because there is insufficient information, either from Israel or other reliable sources to verify such claims.

"Nevertheless, it is the assessment of His Majesty's Government that Israel could recently do more to ensure life-saving food and medical supplies reach civilians in Gaza, in light of the appalling humanitarian situation.

"And this Government is also deeply concerned by credible claims of mistreatment of detainees, which the International Committee of the Red Cross cannot investigate after being denied access to places of detention.

"Both my predecessor and all our major allies have repeatedly and forcefully raised these concerns with the Israeli government. Regrettably, they have not been addressed satisfactorily."

Mr Lammy said the decision would not have a "material impact on Israel's security", he added: "This suspension only covers items which might be used in the current conflict."

He continued: "The Government will keep our position under review. Commitment to comply with international humanitarian law is not the only criteria in making export licensing decisions, we will continue to work with our allies to improve the situation. And foreign policy, of course, involves tough choices, but I will always seek to take such decisions inline with our principles."

"We do not take this decision lightly," Mr Lammy added.

He went on to say: "This Government takes seriously its role in applying export licensing law reflecting the published criteria and the specific circumstances. But let me leave this House in no doubt, the UK continues to support Israel's right self defence in accordance with international law."

Reaction to the move was mixed. Conservative shadow foreign secretary Andrew Mitchell warned conflict in the Middle East could go in "two radically different directions".

He told MPs: "We will look carefully at the limited arms embargo memorandum that the Foreign Secretary has promised the House."

The Opposition frontbencher added: "It does feel as if we are at a point where this conflict could go in two radically different directions.

"While the region faces a potential conflagration, it is also possible that cooler heads on all sides might prevail. Britain's role must be to help facilitate a sustainable end to the current suffering."

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Grant Shapps, the former Defence Secretary told LBC's Tonight with Andrew Marr that the suspension was a "gut punch" and amounted to "punishing" Israel for being attacked by Hamas.

But Liberal Democrat foreign affairs spokesperson Layla Moran urged the Government to "go further" following the suspension of some arms exports licences to Israel, by ending trade with illegal settlements in the West Bank.

DUP MP Sammy Wilson (East Antrim) said the UK will "regret" suspending certain arms exports to Israel, saying: "The only people who will be overjoyed by this decision today will be the Hamas terrorists who murdered in cold blood six hostages at the weekend.

"They have been handed a line of hope that this Government will not stand firm in its defence of Israel's right to defend itself."

Amnesty International UK's chief executive Sacha Deshmukh said: "While this decision appears to demonstrate that the UK has finally accepted the very clear and disturbing evidence of Israeli war crimes in Gaza, it's unfortunately too limited and riddled with loopholes."

ActionAid UK chief executive Hannah Bond said: "Now is not the time for half measures: if the UK government believes the Israeli military may be breaching international humanitarian law in Gaza, then it should go much further and halt all new and existing arms licenses to the Israeli government immediately."