On September 2, the British government announced the suspension of 30 of 350 arms export licences to Israel. It said these weapons exports could be used to “commit or facilitate a serious violation of international humanitarian law”.
While this announcement was hailed by some as a positive development that reflects growing international pressure on Israel to stop its genocidal war in Gaza, it in no way fulfils the United Kingdom’s obligations under international law. In fact, it reflects NATO members’ insistence on overriding international law in order to fulfil alliance commitments.
In the context of the ongoing genocidal Israeli war in Gaza and the West Bank, all states have the duty to impose a full arms embargo on Israel. This duty derives from decisions of the International Court of Justice (ICJ) from January and July that concluded Israel is plausibly carrying out genocidal actions in Gaza in violation of the Genocide Convention and is illegally occupying Palestine.
This duty has also been asserted by the UN Human Rights Council and various UN experts. Stopping the flow of arms, energy and other key exports to Israel is meant to ensure the protection of the Palestinian people.
In its legal note on the suspension of some arms sales, the British government names violations of Israel’s duty to enable the delivery of humanitarian aid and the mistreatment of prisoners as probable violations of international humanitarian law. The UK Foreign Office lawyers who drafted the note seem to accept that Israel’s engagement in Gaza and its conduct of hostilities are lawful.
