Arms Export Licences: Israel

Zarah Sultana Excerpts

Tuesday 12th December 2023 Westminster Hall

[Zarah Sultana (Coventry South) (Lab)]

I beg to move,

That this House has considered arms export licences for sales to Israel.

It is a pleasure to serve under your chairmanship, Sir Christopher. I am pleased to have secured this timely debate and grateful to the House authorities for granting it. More than 18,000 Palestinians, including more than 7,000 children, have been killed. More than 80% of the population—1.8 million people—has been displaced. Almost 100 journalists have been killed—the highest number in any global conflict in more than 30 years. More than 100 UN aid workers have been killed— more than in any conflict in UN history. This weekend, the UN warned that half the population of Gaza is facing starvation. Behind those horrifying statistics are real people with names, hopes, dreams, families and friendships that are just as real as yours or mine, Sir Christopher.

I start this debate by talking about Nour, a 17-year-old student from a town just south of Gaza City who wanted to be a doctor when she left school. In a page recovered from her diary, Nour spoke of her hope to make her family proud. Nour was killed when an Israeli airstrike hit her home on 11 October. I will also talk about 26-year-old Safaa and her baby girl Elyana, who were killed in their sleep when an Israeli fighter jet bombed their house in the southern city of Rafah. Then, there is Reem, whose lifeless body was cradled by her grandfather after her family home in al-Nuseirat refugee camp was hit by a strike. Her grandfather Khaled stroked her hair and kissed her goodbye for the last time, pinning her earring to his jacket as a badge to remember her by. He said,

“She was the soul of my soul”.

The horror is so extreme that it would be impossible to talk about all the people who have been indiscriminately killed. Just listing the names of all those who have been killed, let alone telling their stories, would take nearly 20 hours. I say that because I want to remind colleagues and the whole House of the shared humanity of those being slaughtered in Gaza today. I say it because, whether we like it or not, this place is deeply complicit in the atrocities we see being inflicted on the Palestinian people. Not only do the British Government provide vital diplomatic support for Israel, most recently joining the US as the lone voices refusing to call for a ceasefire at the UN Security Council—a move the US shamefully vetoed—but we supply the Israeli military with hundreds of millions of pounds-worth of arms.

Actually, the true figure is shrouded in secrecy. Under open export licences, arms companies can export an unlimited quantity of specified equipment with no further monitoring and no tracking of their total value.

[Tony Lloyd (Rochdale) (Lab)]

My hon. Friend is making an excellent speech, and she is absolutely right to ask why the UK abstained in the vote at the United Nations. She makes the point that we can never find out what arms exports have left this country and gone to Israel. Is it not time we had transparency in the arms trade?

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[Zarah Sultana]

Absolutely, and I will go on to talk about the Bill I have presented to the House. This is what the debate is about: getting the Government to commit to ending these arms licences so that we are not complicit in war crimes.

We do track closed export licences, through which we know that the Government have handed arms licences to the Israeli Government worth £474 million since 2015.

[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

I thank my hon. Friend for securing this powerful debate. She mentioned that the UK Government have closed export licences with Israel. The criteria outlining who can receive arms export licences from the Government include strong wording in relation to violence against women and girls. Does my hon. Friend agree we need to ensure that any arms exported from this country are not used to facilitate unlawful military action?

[Zarah Sultana]

We have a licensing regime, but there are loopholes that are often exploited, which is what we are seeking to address.

[Imran Hussain (Bradford East) (Lab)]

My hon. Friend is making an excellent speech, and she rightly highlights the humanitarian nightmare people in Gaza face. Does she agree that it is an absolute duty on our Government, as it is on other Governments, that where arms or components used in arms are used in violation of international law and to commit war crimes, there must be an immediate suspension of exports and a review?

[Zarah Sultana]

Absolutely—I completely agree with that intervention.

Just to go back a little, we know that we have issued arms licences to the Israeli military worth £474 million since 2015. Included in those licences are parts for F-35 fighter jets—stealth aircraft that are currently unleashing hell on Gaza.

According to US arms company Lockheed Martin, which is the lead contractor for these jets, they are:

“ the most lethal...fighter jets in the world.”

Some 15% of the parts for these aircraft are made in British factories, including the Brighton factory that makes the weapon-release system on the jet, allowing it to unleash deadly airstrikes on the people below. We must ask whether it was a British-made release system that sent death screaming on to Safaa and her baby girl in Rafah? Was Nour robbed of her dream of becoming a doctor because a British-made weapon launched an airstrike on her home? And were British-made arms involved in robbing Khaled of his beautiful grand-daughter? The answer is that we do not know, although there is no doubt that British-made arms have been used in the massacre of Palestinians in Gaza. Despite hollow protestations by Ministers, there is also no doubt that Israel has committed clear violations of international law, as the UN Secretary-General, Amnesty International, Human Rights Watch and others have said.

[Tommy Sheppard (Edinburgh East) (SNP)]

I thank the hon. Lady for securing this debate and for allowing us the opportunity to call for a halt to arms sales to Israel. Like many of us in the House, she will be alarmed at the stance of the UK Government, who say they believe Israel should adhere to international law and yet take no action and make no statement when the evidence mounts that Israel is not doing so. Does she agree that halting arms sales until it can be proven that these arms are not being used as part of war crimes would be a practical step that the Government could take and would increase their credibility when they mouth pious words about international law?

[Zarah Sultana]

I agree with the hon. Gentleman. British credibility has been damaged, especially by the vote at the UN Security Council. If we are to show true leadership—moral leadership—that is an important step, which I hope the Government will take.

[Carol Monaghan (Glasgow North West) (SNP)]

I thank the hon. Lady for her powerful and important speech. I also want to put on the record the name of Professor Refaat Alareer, who was a colleague of my constituent Professor Alison Phipps. He was her Gazan link in her work with refugees from Gaza. Sadly, he lost his life in an airstrike.

The problem is that the UK is continuing to supply weapons to Israel. We have talked about breaches of international law, and the UK becomes complicit in those breaches of international law, which puts us in a difficult position.

[Zarah Sultana]

Absolutely. To be true partners calling for peace, we cannot be arming one side of the conflict; we need to secure a political settlement to the crisis.

[Sir Stephen Timms (East Ham) (Lab)]

We are often told by Ministers, and no doubt this Minister will make the point later, that we have one of the toughest arms export control regimes in the world, yet we hardly ever see evidence of how these tough rules are applied in practice. Does that leave the hon. Lady suspecting, as it leaves me suspecting, that this regime really is not what it is cracked up to be?

[Zarah Sultana]

I thank my right hon. Friend for that intervention. Later I will touch on how we halted arms sales to Israel when David Cameron led the Government. So it has happened in the past, and the fact that we are not seeing action now makes us question things.

[Several hon. Members rose—]

[Zarah Sultana]

Many hands are going up—I will give way to my hon. Friend the Member for Streatham (Bell Ribeiro-Addy)

[Bell Ribeiro-Addy (Streatham) (Lab)]

I thank my hon. Friend for securing this extremely important debate. She has touched on the arms sales, which have continued over a number of years, and on the fact that the UK has continued to supply arms to Israel, which I believe makes us complicit in the occupation of the west bank and the use of arms to suppress people there. She said she was going to talk about the precedents we have had for suspending arms sales where it is clear that there are concerns about their benefiting human rights violations. Does my hon. Friend agree that this could be very much like the time the UK had an embargo on the sale of arms to Israel from 1982 to 1984, following the Israeli invasion of Lebanon.

[Zarah Sultana]

Yes, I agree. In the past, we have shown that we can take leadership, and I mentioned the example of when David Cameron stopped arms sales, although we resumed them afterwards. On this occasion, we can see that clear violations of international law are taking place, and we cannot continue arms sales.

I will make a bit of progress. What makes the Government’s refusal to suspend arms sales even more horrifying is that Israeli officials have been quite open about their intent in Gaza. At the beginning of the assault, an Israeli military spokesperson said that “the emphasis” of bombing was on

“damage and not on accuracy”.

Another official promised to turn Gaza into a “city of tents”, while the former head of the Israeli National Security Council said that the aim was to make Gaza

“a place where no human being can exist.”

The National Security Minister said that the only thing that should enter Gaza is

“not a gram of humanitarian aid”

but

“hundreds of tons of explosives”.

More recently, an Israeli Minister said that the war would be “Gaza’s Nakba”, which is a reference to the 1948 catastrophe in which hundreds of thousands of Palestinians were forcibly expelled from their homes and never allowed to return. Given that stated intent, and actions to match it, UN experts have warned of a “genocide in the making”. Let us be clear: if this is a genocide in the making, British-made weapons are almost certainly part of making that genocide happen.

None of that is to deny or downplay Hamas’s appalling attack on 7 October, when 1,200 people—the majority civilians—were killed. I condemn that attack once again, as I have done repeatedly in the Chamber, and call again for the release of all hostages. As I have also said before, echoing the words of the UN Secretary-General, those crimes do not excuse what we have witnessed since.

Unlike those awful crimes, Israel’s assault on Gaza has been carried out with the Government’s unequivocal support and with British-made weapons. Disgracefully, selling arms for war crimes is not new for British Governments. Following Israel’s Operation Protective Edge in 2014, which human rights organisations said violated international law, the Conservative-led coalition Government undertook an investigation into arms sales to Israel, finding that those arms could have been used by the Israeli military in Gaza. That resulted in the Government committing to suspend sales if Israel resumed its military assault.

[Claire Hanna (Belfast South) (SDLP)]

I thank the hon. Lady for her powerful speech, which is setting out the scale of this emergency. She is correct to say that, almost two years ago, a UK Minister said that UK export controls

“help ensure that controlled items are not used…in…serious violations of international humanitarian law.”

Does she agree that the consolidated list is meaningless if arms continue to be exported to Israel in this context?

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[Zarah Sultana]

Absolutely. Those are hollow words if there is no action.

Following the 2008 to 2009 Gaza war, the Labour Government admitted that British-made arms had been used by Israel, prompting the Foreign Secretary, David Miliband, to apologise and to affirm that Israeli misuse of equipment would inform future licence applications.

The truth is that the current criteria for export licences should be enough to stop their sale. Under both UK and international law, the Government are required to prevent the transfer of military equipment to a state if there is a clear or overriding risk that it could be used to commit or facilitate a serious violation of international law. That is what criteria 1 and 2 of the strategic export licensing criteria say. If those criteria were consistently applied, there would be a de facto arms embargo on Israel, since this military equipment is used to uphold Israel’s military occupation of the Palestinian territories, including the infrastructure of the illegal west bank settlements—illegal, of course, under international law and according to UK policy—and in the transfer of prisoners from occupied territory into Israel, which the Foreign, Commonwealth and Development Office has noted as being a violation of the Geneva convention.

[Angus Brendan MacNeil (Na h-Eileanan an Iar) (Ind)]

I thank the hon. Lady for securing the debate. She said that we do not know about the arms sales, and indeed we do not, but somebody does. Should we not be able to expect more of companies in the UK, and that they will not be like immoral drug dealers on the corner, selling to whoever, whenever, regardless of the consequences? The executives of those companies know and the companies themselves know. Should they not show us all exactly what they are doing? We expect companies that live among us in the UK not to be funding or aiding and abetting death in Gaza, as is happening at the moment.

[Zarah Sultana]

I thank the hon. Gentleman for that intervention.

Amnesty International says the

“arms licensing system is not fit for purpose in assessing risk, is riddled with loopholes and is in…need of root-and-branch reform.”

That is why I introduced a Bill this week that would allow us to launch an inquiry into the use of arms sold to foreign states and to suspend arms to any state that might use them in violation of international law.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I thank my hon. Friend for her excellent speech and for all she is doing on this important issue. I associate my remarks with the personal approach she has taken, because I have a constituent whose partner is being bombed as he tries to evacuate from south Gaza. Does my hon. Friend agree that, in addition to arm sales to Israel, we should think about arm sales to the US, Saudi Arabia and many other countries, and ensure that we tighten the licensing arrangements for arms manufacturers to those countries?

[Sir Christopher Chope (in the Chair)]

Order. This is a debate about arms sales to Israel.

[Zarah Sultana]

Thank you, Sir Christopher. Since being elected, I have raised the issue of arms licences for regimes such as Saudi Arabia, which used British-made weapons in Yemen, so I completely agree with my hon. Friend. The Bill I presented would suspend sales to not just Israel but the likes of Saudi Arabia, whose war in Yemen led to the death of thousands of people with, again, clear and well-documented violations of international law. In another example of shameful disregard for human rights, that war was also facilitated by our Government and is therefore linked to this debate. Export licences to Saudi Arabia since the beginning of the war have been worth a staggering £6.8 million, which is why I have repeatedly called for the House to suspend arms sales to Saudi Arabia.

[Jeremy Corbyn (Islington North) (Ind)]

My hon. Friend is making an excellent speech. Is she aware that only two weeks ago in the House the Secretary of State for Defence claimed that arms sales to Israel in the past year were less than £50 million? The figures she has given suggest that he had misinformed himself before he made that statement. Does she have a credible figure for how much is sold to Israel, as well as for the value of Elbit Systems sales and how many of those sales are made internally within Elbit Systems back to Israel itself?

[Zarah Sultana]

As I mentioned, a lot is shrouded in secrecy. We do have the figure of £474 million, but we believe that the figure is much higher. There needs to be true transparency, especially with the arms sales coming from the Government.

Ending this bloody exchange is one of the steps the Government must take to end their complicity in the massacre in Gaza. Even as countries across the globe, and figures from the Pope to the President of France, call for an immediate and permanent ceasefire, the Government still refuse to heed that call, ignoring the 76% of the British public who back it. Beyond the immediate need to end the bloodshed, Britain has an historical responsibility to push for a just and lasting peace, having been the mandatory power in Palestine during the 1948 Nakba. As we witness a new and even more terrible Nakba, Britain must honour that duty by demanding an immediate ceasefire and ending arm sales today, and by insisting on ending the illegal occupation and on a free Palestine tomorrow.

Israel’s war on Gaza is not the first time British-made weapons have been used for war crimes, but it must be the last. I conclude with these questions to the Minister. Given the overwhelming evidence that Israel has committed war crimes and crimes against humanity, what assessment have the Government made of Israel’s conformity with international law? Have they made any assessment of it? If they have not, will they commit to immediately making that assessment? Given the overwhelming evidence that Israel has committed war crimes and crimes against humanity, what assessment have the Government made of Israel’s actions in the light of our export licensing criteria? Again, have they made any assessment of that? If they have not, will they assess whether Israel’s actions are consistent with our licensing criteria as they stand? Finally, will the Government uphold our export licensing rules, international law and basic principles of humanity by immediately suspending arms sales to Israel? I look forward to the Minister’s reply and thank everybody who has joined us for the debate.

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[Greg Hands]

I thank the hon. Member for that; I heard his point earlier about the Committees. Of course, the Government strongly supports good parliamentary scrutiny of our defence export systems. However, my understanding is that, since the machinery of government change back in February, it has not been possible for the Committees to meet since, I think, March. That, and the organisation of the scrutiny of the Government, is most principally a matter for Parliament. The Government stand strongly in support of the scrutiny of defence exports. We have always been supportive of there being such a regime.

[Zarah Sultana]

Will the Minister give way?

[Greg Hands]

I am going to make a little progress.

We heard points about the situation on the ground from the hon. Members for Coventry South, for Birmingham, Hall Green (Tahir Ali), for Nottingham East (Nadia Whittome) and for East Lothian (Kenny MacAskill), and many others. The Foreign Secretary has been clear that Israel’s actions must comply with international humanitarian law and that it must take every step possible to minimise harm towards civilians.

[Zarah Sultana]

The Minister referenced the Government repeatedly saying that Israel must conform to international law. What assessment have the Government made of Israel’s compliance and conformity with international law? Has any assessment been made? In light of Israel’s actions, which consist of crimes against humanity, and which are not consistent with our arms export criteria, what will the Government do? These things are not matching up.

[Greg Hands]

Obviously we are monitoring the situation in Israel and the Occupied Palestinian Territories very closely and we will take any action that the Government consider appropriate as the situation develops. The hon. Lady mentioned the Export Control Joint Unit. The ECJU has in place an established process for responding, at pace, to changing conditions in a country where the UK has previously granted export licences and where those licences remain extant. That situation is under constant review. The fact remains, however, that Hamas could end this conflict today, stopping the suffering of everybody, including the Palestinian people whom it continues to endanger.

I will now explore some of the points raised in this debate in greater depth. First, it is correct that the UK’s defence businesses have a trading relationship with Israel. I welcome the official Opposition’s support for that, for our defence contractors and for our defence exports industry—the hon. Member for Caerphilly (Wayne David) rightly pointed that out, and I think that was a helpful development from the current generation of Labour Front Benchers. We should, however, put that trading relationship in perspective. In fact, our military exports to Israel are relatively small, representing just 0.02% of Israel’s military imports overall. The £42 million figure, quoted by the hon. Member for Coventry South and the right hon. Member for Islington North (Jeremy Corbyn), was released by the Secretary of State for Defence. We stand by that figure; it is from 114 standard individual licences, and the total, accumulated from those licences, is indeed £42 million.

As Members may be aware, a company wanting to export military or dual-use goods must apply for a licence from the Government. The applications for those licences are assessed on a case-by-case basis against the strategic export licensing criteria—a system that is among the most rigorous and transparent in the world, and which provides a thorough risk assessment—