(1 week ago)
Lords ChamberI must reiterate that my noble friend Lady Chapman was absolutely correct to say that, under the criteria, the Government were required to suspend certain licences. The decision not to suspend the F35 licences was a departure from the criteria, and Ministers anticipated such a course when the criteria were introduced.
However, our international obligations remain binding on the UK under international law, regardless of whether the SELC are being applied. So, for example, our actions to depart from the SELC and continue the export of items for the F35 programme still have to comply with the Arms Trade Treaty. Article 7 of that treaty requires a balancing exercise, considering factors including the risk of serious violation of international humanitarian law and whether exports
“would contribute to or undermine peace and security”.
Exports are prohibited under this article unless the risk of negative consequences is overriding.
Finally, the Government have been clear about the international humanitarian risks in this case, but also that F35 licences cannot be suspended without serious prejudice to the entire programme and, therefore, to international peace and security. Thus, the exemption of F35 licences was a case-specific decision based on specific factors, while the suspension of other licences was mandated by the criteria.
My Lords, the United Nations, Amnesty International, Human Rights Watch and others have all condemned Israeli brutality and genocide against Palestinians in Gaza and the West Bank. The International Criminal Court has declared Israel’s Prime Minister, Benjamin Netanyahu, guilty of war crimes and issued a warrant for his arrest. Will the Minister agree that, in continuing to supply arms to Israel, however diplomatically we put it, we are complicit in the genocide of Palestinian men, women and innocent children?
Ultimately, these are matters for the courts to determine, not the Government. However, the clear risk of serious breaches of international humanitarian law has led us to suspend those licences. I will say one further thing: Prime Minister Netanyahu has not been found guilty of any breaches up until this date.