The Foreign, Commonwealth and Development Office has been reviewing its policy of arms sales to Israel since the formation of the new Labour Government [Getty]
The UK government is struggling to decide which arms to ban from sale to Israel as part of a review announced by Foreign Minister David Lammy, The Guardian has reported.
The struggle within the Foreign, Commonwealth and Development Office (FCDO) pertains to debates around determining whether certain weapons are used in an “offensive” or “defensive” capacity.
FCDO officials are going through each weapons system to determine their purpose, with Attorney General Richard Hermer saying there should be certainty that the weapons that are sold are not used to breach international law.
Additionally, Hermer has said he will not approve any decision to ban weapons until they can say whether such weapons could break international law.
Officials are undergoing the process, which has held up an FCDO announcement expected prior to Parliament’s summer break, because senior government members are not certain they will be able to defend the distinction in court.
Such a failure could see the UK repeat of a 2019 court ruling which deemed arms sales to Saudi Arabia as unlawful as consideration was not given as to whether such arms were used to break international human rights law in Yemen.
The issue is of particular concern as Israel has been accused by multiple human rights groups of breaking international humanitarian law in its war on Gaza.
The war, which has seen Israel kill at least 40,435 people and wound a further 93,534, is now being deliberated in both the International Criminal Court (ICC) and the International Court of Justice (ICJ) because of Israel’s conduct.
In January, the ICJ found that it was plausible Israel is committing genocide in the enclave and will review evidence for a judgement.
Likewise in May the ICC’s chief prosecutor Karim Khan announced he was applying for arrest warrants on Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, as well as Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh, over allegations of war crimes.
As well as the severe death toll, Israel’s bombardment has reduced the enclave to 42 million tons of rubble, destroying vital infrastructure including roads, housing and hospitals.
Likewise, it’s detention of Palestinian civilians in Gaza have been met with allegations of torture, including beatings and rape. Allegations of the severe abuse against five soldiers working at the Sde Teiman detention facility have seen them placed under house arrest by an Israeli military court.