Middle East Update

Tuesday 3rd September 2024 Lords Chamber

Statement

The following Statement was made in the House of Commons on Monday 2 September.

“With permission, Mr Speaker, I will make a Statement on the Middle East. On taking office in July, I told the House that this Government’s priority in the region will be to advance the cause of peace. That continues to be our mission on every front: in Israel, in the West Bank, in Lebanon, in the Red Sea and, of course, in Gaza, where we need an immediate ceasefire, the protection of civilians, the immediate release of all hostages and more aid getting into Gaza.

Over the summer, we faced the prospect of full-scale war breaking out between Lebanese Hezbollah and Israel. On each of my three visits to the region, including alongside my right honourable friend the Defence Secretary and, most recently, my joint visit with French Foreign Minister Séjourné, I have urged Lebanese Hezbollah, the Lebanese Government and Israel to engage with the US-led discussions to resolve their disagreements diplomatically and to reach a peaceful resolution through the implementation of UN Security Council Resolution 1701.

As we continue to work with our allies and partners to push for a diplomatic solution, we none the less stand ready for the worst-case scenario, including the potential evacuation of British nationals. Our message to those still in Lebanon remains clear: leave now.

Our common goal of peace in the Middle East will never be lasting until there is safety, security and sovereignty for both Israel and a Palestinian state. We must all keep at the forefront of our mind the pain, the anguish and the horror this conflict has caused for so many ordinary civilians: the victims of the 7 October atrocity; the hostages and all those still enduring unimaginable suffering, whether they are hoping to see their loved ones again or are mourning their loss, as the tragic events of this weekend illustrate, with the recovery of the bodies of six murdered hostages; the Israeli people still living under rocket fire, not only from Hamas but from other hostile actors explicitly dedicated to Israel’s annihilation, and fighting an enemy in Hamas whose appalling tactics endanger countless civilian lives; and the innocent Palestinians, with tens of thousands killed in the fighting, their numbers growing by the day, including distressing numbers of women and children. Many mothers are so malnourished that they cannot produce milk for their babies, and families are struggling to keep their children alive. Disease and famine loom ever larger.

Heroic humanitarians are putting their lives on the line to help others, including the brave aid workers I met from the United Nations agencies and at the Palestine Red Crescent Society warehouse I visited alongside France’s Foreign Minister last month. Indeed, last Thursday, the UK led a session at the United Nations Security Council encouraging a continued global focus on the protection of civilians in Gaza, including the need for action on polio.

The escalation we are now seeing in the West Bank, as well as in Gaza, is deeply worrying, with many communities facing settler violence amid an ongoing occupation, and so many on either side of this terrible conflict convinced that the world does not grasp the reality of Israel’s predicament, or the depth of Palestinian suffering.

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 the right both to exist and to defend itself. But I believe also that Israel will exist in safety and security only 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 at 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. 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 established by the previous Conservative Government. Let me first be clear on the review’s scope. This Government are 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.

However, facing a conflict such as this, it is this Government’s legal duty to review export licences. Criterion 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 that the assessment I have received leaves me unable to conclude anything other than that, for certain UK arms exports to Israel, there exists a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law.

I have informed my right honourable friend the Business and Trade Secretary. Therefore, he is today announcing the suspension of around 30 licences, from a total of approximately 350, to Israel, as required under the Export Control Act 2002. These include licences for equipment that we assess is for use in the current conflict in Gaza, such as important components that go into military aircraft, including fighter aircraft, helicopters and drones, as well as items that facilitate ground targeting. For transparency, the Government are publishing a summary of our assessment.

Today, I want to underline four points about these decisions. First, 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 has not been possible to reach a determinative conclusion on allegations regarding Israel’s conduct of hostilities, 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 reasonably do more to ensure that life-saving food and medical supplies reach civilians in Gaza, in the light of the appalling humanitarian situation.

This Government are 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, those concerns have not been addressed satisfactorily.

Secondly, there can be no doubt that Hamas pays not the slightest heed to international humanitarian law and endangers civilians by embedding itself in the tightly concentrated civilian population and in civilian infrastructure. There is no equivalence between Hamas terrorists—or indeed Iran and its partners and proxies— and Israel’s democratic Government, but to license arms exports to Israel we must assess its compliance with international humanitarian law, notwithstanding the abhorrence of its opponents’ tactics and ideology.

Thirdly, this is not a blanket ban or an arms embargo. The suspension targets around 30 of approximately 350 licences to Israel in total, for items that could be used in the current conflict in Gaza. The rest will continue. The action we are taking will not have a material impact on Israel’s security. This suspension covers only items that might be used in the current conflict. There are a number of export licences that we have assessed are not for military use in the current conflict and therefore do not require suspension. They include items that are not being used by the Israel Defense Forces in the current conflict, such as trainer aircraft or other naval equipment. They also include export licences for civilian use, covering a range of products such as food-testing chemicals, telecoms, and data equipment. This suspension will not prejudice the international, collaborative, global F35 programme that supplies aircraft for more than 20 countries, which is crucial to wider peace and security. Indeed, the effects of suspending all licences for the F35 programme would undermine the global F35 supply chain that is vital for the security of the UK, our allies and NATO. Therefore, the Business and Trade Secretary has exempted these licences from his decision.

Fourthly, the Government will keep our position under review. Commitment to comply with international humanitarian law is not the only criterion in making export licensing decisions. We will continue to work with our allies to improve the situation. Foreign policy, of course, involves tough choices, but I will always seek to take such decisions in line with our principles and I will keep the House updated, in line with my previous commitment.

We do not take this decision lightly, but we note that, on previous occasions, Ministers from all parts of the House—Labour, Conservative and Liberal Democrat —chose not to license exports to Israel. In 1982, Margaret Thatcher imposed a full arms embargo and an oil embargo on Israel as it fought in Lebanon. Conflicts in Gaza prompted Gordon Brown to suspend five licences in 2009, and Vince Cable chose not to issue new licences while conducting a review in 2014. Like them, this Government take seriously their 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 to self-defence in accordance with international law.

In April, British fighter jets intercepted Iranian missiles aimed at Israel, preventing significant loss of civilian life. We supported robust action against the Iranian-backed Houthis in Yemen, who have attacked Israel directly as well as Israeli-linked shipping. Iran should be in no doubt of our commitment to challenge its reckless and destabilising activity in the region and across the world. We will continue to work hand in glove with our international partners to stand up to Iranian aggression and malign activity wherever it is found, and we continue to hold Iran to account, including through extensive sanctions.

Today, we are doing so again. We are announcing new sanctions on four Islamic Revolutionary Guard Corps force targets, which have a role in supporting Iranian proxy actions in Iraq, Syria, and Lebanon. Through the UK’s dedicated Iran sanctions regime we have sanctioned more than 400 Iranian individuals and entities. Through our work with partners, we are exposing and containing Iran’s destabilising weapons development, where soon we will be introducing further regulations to bolster existing bans on the export of goods and technology significant to Iran’s production of drones and missiles.

Let me be clear: we will continue to work with Israel and our partners to tackle the threat from Iran across the region. This Government will continue to stand for Israel’s security, and we will always do so in a manner consistent with our obligations to domestic and international law. I commend this Statement to the House”.

15:46

[Lord Callanan (Con)]

My Lords, I thank the Minister, the Foreign Secretary and the Government for the Statement yesterday, but I found their position deeply disappointing. The Foreign Secretary produced no evidence that Israel is in fact breaching humanitarian law as it goes about its legitimate right of self-defence following the barbaric Hamas attack. To announce this on the day that funerals were taking place for the latest six hostages who were brutally executed by Hamas shows a profound sense of doing something at the wrong time.

The Government have decided to suspend less than 10% of the arms export licences and the UK supplies only about 1% of Israel’s defence equipment, so it is clear that, thankfully, this decision will have no material impact on Israel’s ongoing military operations. However, the process of doing this has caused a rift with our US allies and has alienated no less a person than the Chief Rabbi, as well as many other western Governments.

The Government now found themselves in a strange position. Only a matter of weeks ago, the Royal Air Force helped to shoot down Iranian missiles aimed at Israel, but they are now revoking some of the export licences that allow Israel to obtain the equipment to defend itself from those same missile attacks. It is clear to me that the reasoning behind this shameful announcement is nothing to do with humanitarian law and everything to do with appeasing a vocal, left- wing, pro-Hamas minority which resides, unfortunately, on Labour’s Back Benches in the House of Commons.

[Lord Purvis of Tweed (LD)]

My Lords, I welcome the Government’s decision in the Statement. I consider it balanced and welcome not only the Statement but the summary that was published. It means that this Government are aligned with the previous measured decision taken in 2014 to ensure that the United Kingdom does not issue licences where there is a valid concern about potential breaches of international humanitarian law. I believe that the rationale behind the Government’s decision is sound.

However, can the Minister confirm that this position is not final and that the process is dynamic? The Statement relates specifically to the IDF, and I note and share the Government’s view that nothing in these measures puts at risk Israel’s right to self-defence as an independent state and ally of the United Kingdom. Concerns have been raised, both by the United Kingdom Government and previously by the United States State Department review, about other elements of the Israeli Government. Some actions have included using civilian matériel to bulldoze civilian areas in Gaza to make them uninhabitable. This is a breach of an occupying power’s responsibilities. Some of this equipment was manufactured in the United Kingdom.

These Benches agree that much more needs to be done now to ensure that life-saving aid is provided to Gaza. The latest reports by United Nations OCHA for August have reported that only 69 trucks—not the minimum of 500 a day—are getting into Gaza. Some of this is obviously the responsibility of Hamas, which needs to be roundly condemned for preventing aid being distributed through its disruption, but there is also responsibility on the Israeli Government to ensure that there are no unnecessary blockages. I raised this issue with the noble Lord, Lord Ahmad, month after month, and I hope that the Minister will agree.

It has also been profoundly depressing that Hamas has prevented the International Committee of the Red Cross having access to those who have been hostages. But it also must be of concern that, as has been raised, the Israeli Government have refused access by the ICRC to places of detention for Palestinian prisoners. This cannot be. This is 2024, not 1924.

The situation in the West Bank is obviously of great concern, and the Statement highlights that. There have been 150 Palestinian children killed in the West Bank, and we have now seen the expansion of outposts. I am sure the House is aware that outposts are different from settlements because outposts are illegal under Israeli law, but their expansion is now happening with impunity. Will the Government consider the widening of the very welcome sanctions against settlers to those who are providing facilitation, empowerment and financing for the expansion of outposts? These Benches have called for those in government in the coalition to be sanctioned, so will the Minister reassure us that there is no limit to the consideration of who will be sanctioned to ensure that there is no impunity for breaches of Israeli law when it comes to outposts?

Finally, I share with many the terrible horror of the families of those who have been hostages. The news over the weekend was devastating. I met Rachel Goldberg-Polin during my visit to the region in February. Her humanity and that of her family were profound, and anyone who watched her eulogy at Hersh’s funeral will have seen that. It touched everybody’s hearts. She told me in my meeting that she had sympathy and affinity with the mothers of Palestinian children who have also been harmed as a result of this conflict. She told me that there is no competition of pain and tears, just a lot of pain and tears. What actions are the Government taking with our allies to ensure that any ceasefire agreement can be brought about speedily to ensure that those remaining hostages are released and the suffering of the Palestinians in Gaza and the West Bank can come to an end?

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Baroness Chapman of Darlington) (Lab)]

I thank both noble Lords for their contributions. This Government are completely committed to upholding international law. On day one in office, the Foreign Secretary commissioned a thorough review into Israel’s compliance with international humanitarian law, given the grave concerns about the conduct and consequences of the war in Gaza for civilians. The UK’s robust export licensing criteria state that the Government will

“not issue export licences if there is a clear risk”—

not if this has happened, but if there is a risk—

“that the items might be used to commit or facilitate serious violations of international humanitarian law”.

On completion of that review, this Government concluded that a clear risk did exist. This means that, under the criteria, we are required to suspend certain export licences for items that could be used in the current conflict in Gaza.

This decision is none the less a matter of deep regret. Alongside our allies, we have repeatedly communicated to the Israeli Government our concerns regarding the humanitarian situation in Gaza, and that review found that those concerns had not been addressed. We are, remain, and will always be, fully committed to Israel’s security against threats from Iran and other regional actors. We demonstrated this in April, as the noble Lord said, when a British fighter jet intercepted an Iranian missile. But our priority remains, as the noble Lord from the Liberal Democrat Benches said, achieving a ceasefire in Gaza that will see those hostages released, civilians protected, and aid finally flood in.

15:55

[Lord Turnberg (Lab)]

My Lords, the distinction between offensive and defensive weapons is very difficult to discern if you are in a war zone and in a country facing thousands of rockets every day from Hezbollah, such that you have had to evacuate 60,000 of your citizens from the north and from around Gaza. You begin to wonder why Britain is stopping this rather small amount of arms being delivered, in what is a major propaganda coup for Israel’s enemies. Is it not perverse that, at a time when Britain says it will defend Israel against attack by Iran, it is also limiting Israel’s ability to defend itself? It is irrational—and is it not wrong?

[Baroness Chapman of Darlington (Lab)]

My Lords, it is not irrational because it is about complying with international law and our own commitments. The UK remains fully committed to Israel’s security against threats. This Government supported that approach in opposition, and we have also taken action against threats from the Houthis. The suspension is targeted just at items for use in military operations in the current conflict in Gaza.

[The Lord Bishop of Gloucester]

My Lords, I am grateful to the Foreign Secretary for holding together the trauma of the Israeli hostages and their families and communities, and that of the families and communities of Gaza.

I am very concerned that, as has been said by the noble Lord, Lord Purvis, we do not lose sight of the Palestinians in the Occupied Territories of the West Bank. I had the painful privilege of visiting there very recently and I was deeply perturbed, not least by the growing settler activity and, as has been said, the illegal settler outposts, including the abhorrent attack and subsequent dispossession of the Kissieh family of Palestinian Christians near Bethlehem. Will the Government take action on this as well as on the issue of arms licences?

[Baroness Chapman of Darlington (Lab)]

My Lords, the situation in Gaza is horrifying and we are all appalled by the scale of civilian casualties. From the Prime Minister down, we have repeatedly urged Israel to improve aid access, minimise civilian casualties and engage seriously with negotiations for that ceasefire deal. Our priority remains achieving a ceasefire in Gaza that will see the hostages released.

The UK is also deeply concerned by the ongoing IDF military operation in the occupied West Bank, while recognising Israel’s need to defend itself against security threats. We are deeply worried by the methods that have been deployed and by reports of casualties and the destruction of infrastructure.

[Lord Pannick (CB)]

My Lords, will the Minister address one of the points made by the noble Lord, Lord Callanan, in his compelling observations? If it is really necessary and appropriate to make a gesture of this sort—and it is no more than a gesture—is it not remarkably insensitive and, indeed, insulting to our democratic ally to do so on the very day when Israel is burying hostages who were detained for 11 months in appalling conditions and then brutally murdered in cold blood by Hamas?

[Baroness Chapman of Darlington (Lab)]

The noble Lord is right in what he says about the brutal murder in cold blood by Hamas, and we deplore it. The timing of this was purely a consequence of the legal process that the Foreign Secretary completed, yesterday being the first day that Parliament sat. He was obliged to report his decision to Parliament at the earliest opportunity.

[Lord Gold (Con)]

My Lords, why do His Majesty’s Government not understand that imposing an arms embargo on Israel plays into Hamas’s hands? Indeed, as has just been said, announcing this on the day when it was discovered that six Israeli hostages had been brutally murdered shows the Government’s total insensitivity and lack of care for the democratic state they claim to befriend. This follows the Government’s wholly wrong withdrawal of their challenge to the decision of the ICC to issue a warrant for the arrest of the Israeli Prime Minister and their restoration of funding to UNRWA even though UNRWA employees took part in the 7 October massacre. All this is a powerful message to Hamas that that its terrorism will be rewarded. This is not the way the UK should treat its friends and allies. Will the Minister let me know whether this is just poor judgment, ineptitude or something more sinister?

[Baroness Chapman of Darlington (Lab)]

I should make it clear to the noble Lord that this is not, as he suggests, an embargo. It is a restriction on a very small number of pieces of equipment and it is in order for us to comply with international law. That is the extent of it. UK-Israel co-operation on defence and security remains vital. We will work together to deter malign threats from Iran, protect mutual security interests and develop capabilities, ensuring critical national infrastructure and mutual resilience in cyberspace. We will work together. Israel is our ally. We support its right to defend itself. This is not an embargo.

[Baroness Northover (LD)]

I am sure that the Minister is aware that on 16 August an FCDO official, Mark Smith, resigned on the basis that:

“Ministers claim that the UK has one of the most ‘robust and transparent’ arms export licensing regimes in the world, however this is the opposite of the truth”.


He went on to say:

“To export arms to any nation, the UK must be satisfied that the recipient nation has in place robust procedures to avoid civilian casualties and to minimize harm to civilian life. It is impossible to argue that Israel is doing that”.


I am sure that the Minister will not comment on the case of Mr Smith, but can we be reassured that the Government will apply the rules without fear or favour as to the country in question?

[Baroness Chapman of Darlington (Lab)]

The noble Baroness is correct that I am unable to comment on the case of an individual, but she can be assured on her latter point. I invite her to read the summary that we published yesterday alongside the Statement.

[Lord Harries of Pentregarth (CB)]

We are of course all totally appalled by the scale of civilian casualties. The question is, what is the real cause? Is it, as Israel says, Hamas having dug itself into civilian areas—schools, hospitals and so on—or is it the huge amount of weaponry Israel has used, such as 2,000 lb bombs with a killing range of 800 metres? It is very important for the truth to come out in the end. As soon as there is a permanent ceasefire, will the Minister consider encouraging the UN to set up a fact-finding mission in order that we get a more balanced view of what has been happening on the ground? In the long-term, the truth of what has been happening really matters.

[Baroness Chapman of Darlington (Lab)]

The discovery of the truth in these situations can take many forms. The action the noble and right reverend Lord proposes relies on us achieving that ceasefire and that, at the moment, will remain the Government’s priority.

[Lord Deben (Con)]

Will not the Minister accept that it is crucial for the future of Israel that international law be upheld? We stand by Israel because she is a country guaranteed by international law. That means that we in this country have to make sure that we uphold international law, which is why the Minister has put forward the case that she has. It is also important to remind Israel that international law defines the boundaries of Israel and that there are actions that undermine international law. In circumstances where there is very fierce argument on both sides, and where there is no acceptance of Hamas’s appalling behaviour, it is still important for the future of Israel that we stand by international law.

[Baroness Chapman of Darlington (Lab)]

The noble Lord is completely right in what he says about international law. We will continue to work closely with our allies to promote international law in every area of policy. We are working as hard as we possibly can, alongside many others, most notably Qatar, to try to achieve negotiation, which is the only way ultimately that we will get to the ceasefire that we all so want to see.

[Lord Ahmad of Wimbledon (Con)]

My Lords, I would like to develop that point. I think I speak for the whole House, and for anyone who has met with the hostage families, in recognising the nature of their pain and suffering, and likewise, as one of those who have visited the region, in recognising the suffering of the Palestinians in Gaza. Many innocent lives have been lost in this conflict, and the first casualty of war, as we know, is truth. In pursuit of peace, could the Minister update your Lordships’ House on the specifics of the negotiations that Qatar and Egypt have been conducting together with the United States? Ultimately, these are what are needed to deliver an end to this conflict. Also, for the medium and long-term security of Israel and the future state of Palestine, a solution must be worked in phases, starting with a ceasefire in Gaza.

[Baroness Chapman of Darlington (Lab)]

The suggestion of an update on negotiations may well be helpful. It is not something that I am in a position to provide now; it is perhaps something worthy of a longer discussion when time allows. I will definitely convey that suggestion to my colleague, my noble friend Lord Collins, when he returns from his visit to Rwanda.

[Baroness Foster of Oxton (Con)]

My Lords, I do not believe the action taken by this Government has anything to do with international law. We see Hamas carrying out war crimes on a daily basis. Does the Minister agree with me that trying to defend the indefensible will not wash with the majority of people in this country?

[Baroness Chapman of Darlington (Lab)]

I will let the people of this country decide what will wash and what will not wash with them. This is not the indefensible. This is sticking to, adhering to, international law. It is as simple as that. We have been very clear about our continued desire to be a close ally of Israel and our firm commitment to supporting Israel in defending itself.

[Lord Shinkwin (Con)]

Can I ask the Minister to what degree she thinks this announcement will persuade Hamas to stop sacrificing its own people in its genocidal quest to eradicate Israel and, indeed, wipe it off the face of the earth?

[Baroness Chapman of Darlington (Lab)]

We repeatedly, wholeheartedly and consistently condemn the actions of Hamas. Hamas is not the Palestinian people. It is an organisation that has taken children and murdered children. There is nothing more that we can say that we have not already said that can more strongly convey our view or condemn the actions of Hamas.

[Lord Polak (Con)]

My Lords, I refer the House to my registered interests. In his Statement, the Foreign Secretary—using interesting English—said:

“This Government are 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”—


whatever that means—

“not a determination of innocence or guilt”.

I am not a lawyer—there are many eminent lawyers in this House—but, as a result of “Perhaps/maybe Israel is doing this”, the Government have made decisions on stopping these licences. Could the Minister explain how they can make that decision based on “perhaps/maybe”?

[Baroness Chapman of Darlington (Lab)]

Perhaps, unfortunately, the law requires that that is what we do. The law does not require us to assess whether international humanitarian law has been broken; the test laid down in legislation in this country is about the risk that the equipment we are selling may be used to break it. That is the legal test, and this Government stick to the law.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, does the Minister understand that one of the concerns is that Israel is treated differently and held to a higher standard than any other country in the world? I am delighted to hear that international law is all-seeing and so on, but I have noted how many arms sales there have been to Saudi Arabia, Qatar and Turkey. Is the Minister really telling me that, every time David Lammy and his lawyers have looked at it, they have said: “My goodness, Yemen is an absolute haven of peace, and no humanitarian law has been broken”? I am just suggesting that people are rather confused, and it feels disingenuous and as though Israel is being punished, pointed at, demonised and told that it is in breach of humanitarian law. It is not—no matter what you say—it is defending itself. It is being punished morally, even if the amount of arms does not really matter.

[Baroness Chapman of Darlington (Lab)]

This is not about punishing Israel. Israel is our ally, and we support it and support its right to defend itself. This decision is consistent with the law we are obliged to follow. I understand, of course, the point about Israel not wishing to be treated differently. That is why the tone of the Statement yesterday was as it was. That is why we are clear that this decision is limited; it is not an embargo and is made with regret.