UK ministers and civil servants could be held liable for Israeli war crimes, barrister says

UK ministers and civil servants could be held liable for Israeli war crimes, barrister says

Date: 21 August 2024
Campaigns: Palestine

Global Justice Now commissioned leading lawyer, Sam Fowles of Cornerstone Barristers, to provide a legal opinion on whether the UK could be in breach of international law for wrongs committed by the Israeli state or Israeli personnel. The possible breaches come as a result of assistance and aid given to Israel. He advised that:

  • Individuals within the UK could be liable for possible war crimes committed by Israeli personnel in the course of Israel’s military operations in Gaza since October 2023 and through Israel’s unlawful and ongoing occupation of Palestinian territories.
  • The UK could be liable for Israel’s breaches of the right to self-determination and the prohibition of obtaining territory by aggression in its illegal and ongoing occupation of the West Bank and Gaza.
  • It is likely the UK’s trading relationship with Israel has helped to facilitate Israel’s illegal occupation of the Palestinian territory. Given that the UK government recently announced it is seeking to prioritise strengthening trade ties with Israel, this is of particular significance.

This significant analysis follows on from reports that Mark Smith, a Foreign Office official, has resigned over the UK’s refusal to ban arms exports to Israel.

Earlier in the year, it was reported that the previous UK government’s own lawyers advised it that Israel was in breach of international law.

Global Justice Now has shared the legal information with government ministers and senior civil servants. Read our letter here.

Notes

  1. This analysis is limited to the extent to which Fowles believes the UK could be vicariously liable for Israel’s breaches of international law. Therefore he has not considered elements including the UK’s obligations under the Genocide Convention, and arms sales to Israel under domestic law within this scope.
  2. Link to full legal analysis: https://www.globaljustice.org.uk/wp-content/uploads/2024/08/Israel-UK-Advice-Draft-F_INAL.pdf

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