Gaza war: countries selling Israel weapons are violating international law – legal expert

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[dizzy: This article was published  April 4, 2024 and refers to the United Kingdom’s previous Conservative government. Since then UK has a new Labour government under UK Prime Minister Keir Starmer. UK violating International law will not have changed since April 2024 and Keir Starmer should be well-aware of legal requirements since he is often referred to as a human rights legal expert.]

EPA-EFE/Abir Sultan

Lawrence Hill-Cawthorne, University of Bristol

The UK government has received internal legal advice that Israel has broken international humanitarian law in its current war on Gaza. The advice was revealed by Alicia Kearns, the Conservative chair of the House of Commons foreign affairs select committee, in a speech to a fundraising event on March 13 and leaked to the UK’s Observer newspaper.

The paper quoted British barrister and war crimes prosecutor Sir Geoffrey Nice as saying: “Countries supplying arms to Israel may now be complicit in criminal warfare. The public should be told what the advice says.”

The Guardian has now revealed that the prime minister, Rishi Sunak, has since received a letter signed by 600 lawyers and academics, including three former supreme court justices – among them Baroness Hale, the court’s former president – as well as former court of appeal judges and more than 60 KCs, warning that UK arms sales to Israel are also illegal under international law.

But what does international law actually say on this issue, and what are the UK’s (and other nations’) legal obligations in relation to the ongoing assault on Gaza?

In recent months, a number of countries have announced they are suspending arms exports to Israel. These include Canada, Belgium, Italy, Spain and the Netherlands, as well as the Japanese company Itochu Corporation. Germany and the US – by far the biggest suppliers of arms to Israel – have not as yet signalled intentions to follow suit.

Neither has the UK. But with arms exports amounting to £42 million in 2022, it is not one of Israel’s major suppliers.

Suspending arms exports to Israel indicates not only political concerns, but also fear over the legality of continuing to support Israel militarily in its assault on Gaza. The Netherlands court of appeal ruled in February that the Dutch government must discontinue its sales of F35 fighter jet parts on the basis of its obligations under the UN arms trade treaty. A similar lawsuit is currently pending in Denmark which exports F35 parts to the US, which then sells the finished jets to Israel.

In the UK, the high court dismissed an attempt to challenge the government’s continued licensing of arms exports to Israel. But this was because the particular procedural hurdle that applicants in such cases have to get over is notoriously high. The judgment said nothing definitive as to Israel’s (or the UK’s) compliance with international law.

Following this, 130 MPs and peers from across party lines recently signed a letter to the foreign secretary calling on the government to suspend arms exports to Israel.

Arms trade treaty

So what is the position under international law of countries, such as the UK, that support Israel militarily? There are many specific and general rules of international law that are relevant here.

The most obvious, and the one emphasised in the British MPs’ letter, is found in the UN arms trade treaty, to which the UK is a party. Article 7 requires a risk assessment for all weapons transfers, and prohibits exports where there is an overriding risk that the weapons could be used to commit serious violations of international humanitarian law (the law of armed conflict).

The only objective test we have for determining risk of future violations is to examine whether there is evidence of a pattern of past violations by Israel. UN reporting of past serious violations is one of the key considerations that the UK’s own policy points to in determining future risk. In 2019, the UK court of appeal suspended arms exports to Saudi Arabia based on the government’s failure to assess whether past violations of international law had likely been committed in Yemen.

The available evidence suggests there have been countless examples of Israeli actions in Gaza that appear, on their face, to be inconsistent with international humanitarian law. Among the most recent examples are the Israeli attack on an aid convoy on April 1, the destruction of Gaza’s hospitals, and the well-documented famine that now engulfs the territory.

The Hague court of appeal that ordered the Dutch government to suspend arms exports to Israel relied on reports from Amnesty International and the UN when it listed multiple examples of apparent violations of the law of armed conflict in Gaza.

And in the long-awaited UN security council resolution adopted on March 25, with the US abstaining, the security council condemned “all attacks against civilians and civilian objects, as well as all violence and hostilities against civilians”, and demanded the flow of humanitarian assistance into Gaza, in line with international humanitarian law.

This suggests a pattern of past serious violations and thus a clear risk of continuing violations. So, signatories to the arms trade treaty continuing to supply weapons to Israel likely do so in breach of article 7.

Geneva conventions

Yet all nations have other obligations that take on particular importance in relation to Gaza. One of these is the obligation to prevent genocide under article 1 of the Genocide convention (which was the focus of the letter to the prime minister referred to above).

This is especially relevant since the International Court of Justice (ICJ) determined in January that there is an imminent risk of irreparable harm to the rights of Palestinians in Gaza under the Genocide Convention.

But it also includes article 1 of the 1949 Geneva conventions, which requires states to “ensure respect” for international humanitarian law. There is overwhelming support for the view that this requires all states not only to avoid aiding or assisting violations (for example, through arms exports) but to take proactive steps to ensure warring parties comply with their obligations under international law. They can do so via diplomatic channels or by imposing sanctions.

On March 1, Nicaragua instituted proceedings before the ICJ against Germany (the second-biggest arms exporter to Israel), in part alleging that it is violating article 1 of the Geneva conventions due to its support for Israel.

In this way, all countries are legally obliged to ensure that others comply with international humanitarian law. If the catastrophic destruction, massive civilian death toll and immense suffering of those still alive in Gaza is not enough to pull Israel’s allies into line over their continuing arms sales, it is difficult to conceive of any situation that ever could.

Lawrence Hill-Cawthorne, Associate Professor of Law, University of Bristol

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Continue ReadingGaza war: countries selling Israel weapons are violating international law – legal expert

Tory Leadership Contender Robert Jenrick’s Pro-Coal and Anti-Net Zero Record

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Original article by Adam Barnett and Sam Bright republished from DeSmog.

The Conservative candidate has changed his tune on climate action, recently attacking Labour’s net zero policies and arguing for new fossil fuel extraction.

Former Conservative minister Robert Jenrick, who has today entered the race to lead the Tory party, has a growing record of attacks on climate action.

The MP for Newark – who saw a 23.9 percent swing against him in the general election, and served as secretary of state for immigration under former prime minister Rishi Sunak – has attacked what he calls “net zero zealotry”, and has labelled the UK’s net zero target “dangerous fantasy green politics unmoored from reality”. 

This is despite Jenrick having hailed the UK’s “world-leading commitment to net zero by 2050” as recently as 2020.

Jenrick has also called for the building of “new gas power stations” and supports new fossil fuel extraction, including North Sea oil and gas, and the opening of new coal mines. 

Jenrick’s campaign manager is Conservative MP Danny Kruger, a political reactionary who is also an advisor to climate denier Jordan Peterson’s Alliance for Responsible Citizenship (ARC).

His candidacy follows the Conservative Party losing a landslide election on 4 July against a Labour Party committed to climate action, during which the Tories supported new North Sea oil and gas extraction, and the delaying of key climate reforms.

Almost half of voters (49 percent) believe renewable energy would lower household bills, while only 14 percent say the same for more fossil fuels, according to polling by More in Common. 

This week saw what climate scientists believe could be the hottest day on record thanks to climate change. The world’s leading climate science group, the UN’s Intergovernmental Panel on Climate Change (IPCC), has said that there is “a brief and rapidly closing window of opportunity to secure a liveable and sustainable future for all”.

Attacks on Labour’s Climate Agenda

In his response to the announcement of Labour’s legislative agenda in the King’s Speech last week (19 July), Jenrick used an address in the House of Commons to launch an attack on the government’s climate policies, spreading familiar misinformation. 

Jenrick said that “despite being only responsible for one percent of global emissions, we find ourselves with a government pursuing for ideological reasons a net zero policy which is going to make it harder for our own consumers to afford their bills, [and] which is further going to erode our industrial base”.

Downplaying a country’s emissions is a “widely deployed” tactic used to delay international climate action, according to academics. Contrary to Jenrick’s claims, the UK’s cost of living crisis has been made worse by its dependence on fossil fuels, according to the International Monetary Fund (IMF).

And rather than “eroding our industrial base”, net zero policies are already creating new jobs and economic development. The UK’s net zero economy grew nine percent in 2023 to £74 billion – equivalent to 3.8 percent of the total UK economy, and supported more than 765,000 jobs, according to the Energy and Climate Intelligence Unit (ECIU). 

Jenrick also attacked Labour’s green investment vehicle, Great British Energy – launched today – as a quango “which serves no apparent purpose”, warned that new solar farms would “despoil our countryside”, and claimed that “200,000 jobs in the oil and gas sector have been put in danger”, using a widely debunked figure.

The chief advisor to the National Farmers Union (NFU) has said solar farms “do not in any way present a risk to the UK’s food security”, while NFU president Tom Bradshaw has attacked the claims made by Jenrick and others as “sensationalist”. 

On 11 July, when Labour announced its decision not to defend the new proposed coal mine in Cumbria in the High Court, Jenrick posted on X: “First the oil and gas industry, now coking coal for the steel industry. Less than a week in and jobs and economic growth are already being sacrificed on the altar of Labour’s net zero zealotry.”

In 2021, Jenrick decided not to challenge the planning application for the new mine – the UK’s first deep coal mine in more than 30 years, which would extract 2.8 million tonnes of coking coal a year, emitting an estimated 220 millions tonnes of greenhouse gases over its lifetime.

Net Zero U-Turn

Jenrick’s attacks on Labour’s green policies mirror his growing criticism of climate action – despite having previously celebrated the Conservatives Party’s support for net zero.

In February, Jenrick wrote an article for The Telegraph – a newspaper that regularly publishes attacks on climate science and net zero reforms – claiming that voters are sick of the “dishonesty” from politicians about “what net zero entails”. 

He said that the UK’s 2050 net zero ambition was decided upon in the summer of 2019, “while the country was occupied by Brexit debates”, and was “nodded through the Commons with fewer than 90 minutes of debate”.

At the time, Jenrick, who was Treasury minister, welcomed the adoption of the target. In 2020, while serving as communities secretary under Boris Johnson, Jenrick praised the UK’s “world-leading commitment to net zero by 2050”. Ahead of the 2019 general election, he said that voters should support the Conservatives on the basis that the UK was the “first advanced economy in the world to pass a net zero target”.

Yet, in the February 2024 Telegraph article, Jenrick wrote that it was obvious to him “at the time” that the costs associated with net zero “were likely to be astronomical.” The article went on to claim that “reaching net zero by 2050 requires us to overhaul the material foundations of our economy in just three decades”, and that the result “is a dangerous fantasy green politics unmoored from reality and that lacks the buy-in of the public”.

Jenrick’s campaign for Tory leader is being run by fellow Conservative MP Danny Kruger.

Kruger is the chair of the New Conservatives faction in Parliament – a group that advocates for more socially conservative, right-wing ideas within the Tory party, campaigning against “woke” culture, and immigration. 

It also appears that New Conservative press officer Sam Armstrong is serving as one of Jenrick’s campaign aides, although Armstrong neither confirmed nor denied his role when approached for comment. 

As DeSmog has revealed, the New Conservatives received £50,000 in December from the Legatum Institute, a free market think tank that formerly employed Kruger as a senior fellow. 

In May of this year, Jenrick gave a speech to the Legatum Institute’s ‘Free Market Roadshow’ event at the group’s London office, where he called for new fossil fuel plants. He said: “We are smothering our ability to build new nuclear power stations, to build new gas power stations, which we’ve got to have to have the base capacity that we need as a country, in this mesh of regulation.”

The Legatum Institute’s parent company is UAE-based investment firm Legatum Group, which co-owns the right-wing broadcaster GB News. The outlet frequently spreads climate denial, both via its presenters and guests.

Kruger is also on the advisory board of another Legatum project, the Alliance for Responsible Citizenship (ARC), alongside some of the world’s most high-profile climate science deniers. 

Jenrick has pledged to win back voters who have switched from the Tories to Reform UK, the right-wing populist party led by Nigel Farage, which is bankrolled by climate deniers and polluting interests, and campaigns to “scrap all of net zero”.

Polling from the Conservative Environment Network, a green caucus backed by dozens of Tory MPs, found that only two percent of voters who planned to switch from the Conservative to Reform saw climate change as the most important issue for them in July’s election.

Original article by Adam Barnett and Sam Bright republished from DeSmog.

Continue ReadingTory Leadership Contender Robert Jenrick’s Pro-Coal and Anti-Net Zero Record

CCC: Labour must ‘make up lost ground’ to hit UK climate goals

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North Sea oil rigs in Cromarty Firth, Scotland. Credit: joiseyshowaa (CC BY-SA 2.0)
North Sea oil rigs in Cromarty Firth, Scotland. Credit: joiseyshowaa (CC BY-SA 2.0)

Original article by Josh Gabbatiss and Molly Lempriere from Carbon Brief

The UK’s new Labour government must urgently reinstate the net-zero plans shelved by its predecessor in order to “limit the damage” caused by Conservative policy rollbacks, according to official advisers at the Climate Change Committee (CCC).

In its latest annual progress report, the CCC issues some frank words about the “confusing and inconsistent” behaviour of the previous government.

The Conservatives only brought in “credible” policies to cover one-third of the emissions cuts required to hit the UK’s 2030 climate target, the committee finds.

Despite being “insufficient”, the CCC notes that this is a slight improvement on last year. Since then, a requirement for carmakers to sell electric models and a deal to help decarbonise heavy industry both boosted the credibility of the UK’s climate strategy, it says.

Nevertheless, the committee criticises former prime minister Rishi Sunak’s decision to roll back key net-zero policies, notably delaying bans on the sale of new gas boilers and non-electric cars. It says that, contrary to his claims, there was “no evidence” the delays would save people money.

The committee points to a general need to scale up emissions cuts across the economy. It says almost none of the UK government efforts to scale up low-carbon technologies or invest in nature-based solutions are on track.

With this in mind, the progress report lays out a selection of “priority” actions that the new Labour government should take to “make up lost ground” so the UK can achieve its climate goals.

In the new report, the committee says a priority for the Labour government should be pausing any new airport expansions until there is a UK-wide “capacity management framework” in place. 

This would assess aviation emissions and ensure there is no overall expansion “unless the carbon intensity of aviation is outperforming the government’s emissions reduction pathway”.

Long and detailed original article at Carbon Brief

Continue ReadingCCC: Labour must ‘make up lost ground’ to hit UK climate goals

Tory government met with oil and gas lobbyists daily last year

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Image of InBedWithBigOil by Not Here To Be Liked + Hex Prints from Just Stop Oil's You May Find Yourself... art auction. Featuring Rishi Sunak, Fossil Fuels and Rupert Murdoch.
Image of InBedWithBigOil by Not Here To Be Liked + Hex Prints from Just Stop Oil’s You May Find Yourself… art auction. Featuring Rishi Sunak, Fossil Fuels and Rupert Murdoch.

https://morningstaronline.co.uk/article/tory-government-met-oil-and-gas-lobbyists-daily-last-year

THE Tory government met representatives from the oil and gas sector an average of 1.4 times per working day in 2023, an investigation by Global Witness revealed today.

At least 65 fossil fuel organisations and industry bodies were identified as meeting with ministers over the year, according to the group.

Global Witness analysed data by Transparency International UK, looking at any organisation that “could be reasonably assumed to have the goal of influencing policy or legislation in the interests of a fossil fuel company and its shareholders.”

According to its findings, ministers met representatives from the oil and gas sector at least 343 times last year, up from 330 meetings held in 2022.

More widely, the group found that meetings between oil and gas lobbyists and the government have been steadily increasing over the past 11 years.

November 2023 saw record-high levels of meetings when the government met oil and gas lobbyists at least 63 times, equivalent to almost three meetings every working day, the campaigners said.

The Offshore Petroleum Licensing Bill, which would mandate annual licensing of new oil and gas fields in the North Sea, was introduced the same month, they noted.

The end of November also marked the start of the UN climate change conference Cop28 in Dubai.

Article continues at https://morningstaronline.co.uk/article/tory-government-met-oil-and-gas-lobbyists-daily-last-year

Continue ReadingTory government met with oil and gas lobbyists daily last year