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.
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.