London – The British government has reportedly received legal advice suggesting that Israel has violated international humanitarian law in Gaza, but has not made it public, according to leaked recordings obtained by The Observer. The revelations contradict previous denials and evasions by government ministers on the issue. Conservative chair of the House of Commons select committee on foreign affairs, Alicia Kearns, made these comments at a Tory fundraising event on March 13. Kearns, a former Foreign Office and Ministry of Defence official, has been pressing ministers for transparency regarding the legal advice they have received.
Kearns stood by her comments and urged the government to be transparent, stating that Israel is not demonstrating a commitment to international humanitarian law. If the legal advice has indeed been provided, Lord Cameron and Prime Minister Rishi Sunak could face intense pressure. Failure to act on the legal advice would risk putting the UK in breach of international law by aiding and abetting war crimes. Legal experts argue that the UK would then be complicit in criminal warfare by supplying arms to Israel.
At the Tory fundraising event, Kearns criticized the government for not announcing the legal advice and continuing arms exports to Israel. She also highlighted that Israel’s actions put the long-term security of both Israel and the UK at risk. Sir Geoffrey Nice, a prominent British barrister and judge, noted that if legal advice had been given, it would require the UK to reconsider arms sales to Israel. He stressed the importance of making the advice public.
The UK has exported £42 million in arms to Israel in 2022, according to the defense secretary Grant Shapps. The revelation that Israel has violated international law would also prevent the UK from sharing intelligence with Israel, according to former lord chancellor Charles Falconer. The Labour Party has consistently called for the government to disclose the legal advice it has received.
The leaked recordings come at a time when the international court of justice has ordered Israel to allow unimpeded access of food aid into Gaza, where many people are facing imminent starvation. The conflict between Israel and Hamas, which began on October 7, has resulted in the deaths of thousands of people, disproportionately impacting women and children.
The Foreign Office spokesperson responded to the leaked recordings, maintaining that the government regularly reviews Israel’s adherence to international humanitarian law and acts accordingly. However, the content of the legal advice remains confidential.