Downing Street accepts ‘clear risk’ that fighter jet parts sold to Israel could be used to violate international humanitarian law, High Court hears
THE British government accepts there is a “clear risk” that parts for lethal fighter jets might be used by Israel to violate international humanitarian law but continues to export them anyway, the High Court heard today.
Global Legal Action Network (Glan) and human rights group Al-Haq have brought legal action against the Department for Business and Trade, accusing it of breaking its own rules by continuing exports if there is such a risk.
Between October and May, former business secretary Kemi Badenoch approved over 100 licences to Israel throughout its brutal onslaught on Gaza.
In September, the new Labour government eventually moved to ban just 30 out of 361 licences, excluding components for F-35 jets.
Described by its manufacturer Lockheed Martin as the “most lethal” fighter jet in the world, F-35s have been used extensively in Israel’s bloodshed.
Capable of dropping 2,000lb bombs, they are linked to the murder of 90 people in the al-Mawasi “safe zone” in July.
There are 79 companies registered in Britain that hold licences to export parts for the jet.
Genocide denier and Current UK Prime Minister Keir Starmer is quoted that he supports Zionism without qualification. He also confirms that UK air force support has been essential in Israel’s mass-murdering genocide. Includes URLs https://www.declassifieduk.org/keir-starmers-100-spy-flights-over-gaza-in-support-of-israel/ and https://youtu.be/O74hZCKKdpAGenocide denying UK Foreign Secretary David Lammy says that UK is suspending 30 of 350 arms licences to Israel. He also confirms the UK government’s support for Israel’s Gaza genocide and the UK government and military’s active participation in genocide.Vote For Genocide Vote Labour.
Protesters in London calling for a permanent ceasefire and for the UK government to stop arming Israel are met by counter-protesters holding Israeli flags, 13 April 2024 (Reuters)
The UK government says there is “no legal requirement” to assess Israel’s compliance with international humanitarian law in its military conduct in Lebanon as part of its decision-making on licensing UK arms exports to Israel.
Middle East minister Hamish Falconer said on Monday that the suspension of 30 arms export licences to Israel last month means there are “no existing UK arms licences to Israel for use in Lebanon” apart from UK-made F-35 fighter jet components.
“So there is no legal requirement to assess [international humanitarian law] compliance,” Falconer said in response to a written question from Labour MP Abtisam Mohamed.
Arms control experts and human rights advocates were surprised by the admission which several said appeared to show that the government had decided to forgo international law.
“Under its legal obligations, the UK government cannot refuse to do IHL assessments for any of its arms export licences,” Martin Butcher, policy adviser on arms and conflict for Oxfam told Middle East Eye.
UK Foreign Secretary David Lammy says that UK is suspeding 30 of 350 arms licences to Israel. He also confirms the UK government’s support for Israel’s Gaza genocide.Vote For Genocide Vote Labour.
A United Nations worker surveys destruction caused by an Israeli airstrike on the Nuseirat camp in the central Gaza Strip on July 15, 2024. (Photo: Majdi Fathi/NurPhoto via Getty Images)
“Another episode in the blatant disregard of international humanitarian law,” said the commissioner-general of the United Nations agency for Palestinian refugees.
The head of the United Nations agency for Palestinian refugees expressed horror Monday over Israeli forces’ destruction of the key aid organization’s headquarters in Gaza City, which Israel’s military recently attacked and left in ruins.
“Shocking,” Philippe Lazzarini, commissioner-general of the U.N. Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), wrote in a social media post, which included photos of the bombed-out headquarters complex.
“UNRWA headquarters in Gaza, turned into a battlefield and now flattened,” Lazzarini continued. “Another episode in the blatant disregard of international humanitarian law. United Nations facilities must be protected at all times. They must never be used for military or fighting purposes. Every war has rules. Gaza is no exception.”
Shocking.@UNRWA headquarters in #Gaza, turned into a battlefield & now flattened 👇
Another episode in the blatant disregard of international humanitarian law.
United Nations facilities must be protected at all times. They must never be used for military or fighting… pic.twitter.com/XVOm5UjJeM
Photos of UNRWA’s destroyed headquarters emerged following a deadly weekend of Israeli bombings across the Gaza Strip that were overshadowed in the media by the attempted assassination of former U.S. President Donald Trump on Saturday.
More than 140 people were killed and hundreds more were wounded on Saturday and Sunday, including in Israeli airstrikes on a so-called “safe zone” in southern Gaza.
Tamara Alrifai, UNRWA’s head of external relations, told Al Jazeera on Monday that “the last week has been one of the deadliest weeks in Gaza since the war started.”
“The images coming out of the UNRWA headquarters are really shocking,” said Alrifai. “What I saw today in the footage is unrecognizable.”
While U.S. media blacked out coverage for Palestine: "The headquarters of the UN agency for Palestinian refugees (UNRWA) has been destroyed."
UNRWA and its infrastructure in Gaza, including schools, have been major targets of Israel’s far-right government since its latest assault on the Palestinian enclave began in October following a deadly Hamas-led attack. Israeli officials have repeatedly claimed—without providing evidence—that a significant number of UNRWA employees are members of terrorist organizations.
Nearly 200 UNRWA facilities in Gaza, most of which have been serving as shelters for displaced people, have been damaged during Israel’s war on the besieged territory, Alrifai noted Monday. Around 500 people have been killed in Israeli attacks on UNRWA facilities, according to Alrifai.
“It speaks volumes to the blatant disregard for international humanitarian law,” she said.
Israel’s aerial and ground attacks on Gaza continued Monday as much of the territory’s population is facing catastrophic levels of hunger. Since the start of the assault, Israel has dramatically restricted the flow of humanitarian assistance to the Gaza Strip, depriving Palestinians of food, medicine, clean water, and other basic necessities.
Reuters reported that Israel “struck the southern and central Gaza Strip” on Monday and “blew up several homes.”
“Medical officials said they recovered 10 bodies of Palestinians killed by Israeli fire in eastern areas of the city, some of which had already begun to decompose,” the news agency added. “The military also stepped up aerial and tank shelling in central Gaza in the al-Bureij and al-Maghazi historic refugee camps. Health officials said five Palestinians were killed in an Israeli air strike on a house in Maghazi camp.”
Zionist Keir Starmer is quoted “I support Zionism without qualification.” He’s asked whether that means that he supports Zionism under all circumstances, whatever Zionists do.
Israeli Prime Minister Benjamin Netanyahu chairs a cabinet meeting at the Kirya military base, which houses the Israeli Ministry of Defense, in Tel Aviv, Israel, on December 24, 2023
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The point is not that Britain undermines its supposed reputation as a defender of democracy or international law by backing Israel. Few beyond its borders believe in that of the country that connived at the 2019 coup against elected Bolivian president Evo Morales, or helped start the illegal and utterly catastrophic wars against Afghanistan, Iraq and Libya.
The point is that Israel is part of the same, US-led imperialist alliance as Britain, and the ICC’s move reflects growing pressure globally for the members of that alliance to be held to the standards they demand of other countries. The ICJ genocide case is one example of what has been termed a “mutiny” of the global South; the ICC arrest warrants are another.
No such legal actions will bring the Israeli war machine to a halt in Gaza, nor can we expect international courts to effectively uphold a system of sovereign and equal states in the United Nations that has always been a polite fiction.
But we can use every prosecution to raise pressure to stop the arms sales, to demand an end to a British foreign policy that ties us, through the US alliance, to defence of an indefensible world order, and to call out the hypocrisy of our war-addicted leaders — so that one day they too can be held to account for their crimes.
South African legal adviser Cornelius Scholtz (L) and South African Ambassador to the Netherlands Vusi Madonsela attend a hearing at the International Court of Justice (ICJ) on Israel’s incursion in Rafah, Gaza, in The Hague on May 16, 2024. (Photo: Lina Selg/ANP/AFP via Getty Images)
Israel’s assault on Rafah provides “evidence of the crime of genocide,” one legal expert said. “This attack is the final blow that is intended to destroy the Palestinian group in Gaza.”
South African officials on Thursday made their case before the International Court of Justice to stop Israel’s brutal invasion of Rafah, warning once again that Israeli officials have displayed clear “genocidal intent” and “genocidal conduct” in their military campaign in Gaza.
The case for the ICJ to stop the attack on Rafah was made by a number of lawyers, legal experts, and ambassadors, with the South African representatives outlining the bare facts of Israel’s military campaign, blocking of humanitarian aid, and statements of intent, just as they did when the court heard South Africa’s original claim that Israel is committing genocide.
That case, argued in January, resulted in a preliminary ruling in which the court said South Africa had made a “plausible” case and ordered Israel to prevent genocidal acts by the Israel Defense Forces (IDF).
On Thursday, South Africa urged the ICJ to see that Israel has not followed that order.
“It is difficult to imagine that the situation could get worse” than it was in January, international law professor John Dugard told the court. “But unfortunately, it has… Israel has now commenced its long-threatened assault on Rafah. It has ordered the evacuation of Palestinians in Rafah to the barren sand dunes of Al-Mawasi. It has closed critical border crossings to humanitarian aid, medical supplies, goods, and fuel, upon which the population depends.”
“Israel’s actions are in violation of fundamental international humanitarian law, but in addition, they provide evidence of the crime of genocide,” Dugard continued. “This attack is the final blow that is intended to destroy the Palestinian group in Gaza.”
Watch the livestream of the ICJ hearing below:
The South Africans made their case as the U.N. Relief and Works Agency for Palestinian Refugees in the Near East (UNRWA) said Thursday that an estimated 600,000 people have now been forcibly displaced from Rafah by Israel.
Despite tepid warnings from the U.S.—the biggest international funder of the IDF—for Israel to avoid attacking “population centers,” the IDF this week has moved into dense residential neighborhoods in central Rafah.
The U.S. has also called for Israel to allow humanitarian aid into Gaza, but the IDF’s seizure of the Rafah crossing between the enclave and Egypt last week led the World Food Program (WFP) on Thursday to warn that food and fuel rations “will run out in a matter of days.” Dozens of Palestinians have been starved to death so far by Israel’s blocking of relief shipments.
“The threat of famine in Gaza never loomed larger,” said the WFP as South Africa made its case in The Hague.
Three months after giving a 22-minute speech detailing the numerous statements of genocidal intent made by top Israeli officials since the Gaza assault began in October, South African lawyer Tembeka Ngcukaitobi during Thursday’s hearing, used the more recent words of Israeli Finance Minister Bezalel Smotrich, who publicly described the aim of the Rafah invasion as “total annihilation.”
In his presentation before the court, Ngcukaitobi invoked Smotrich’s language by arguing that the Rafah incursion “is the last stage of ‘total annihilation’ of Palestinian life.”
“For Palestinians to be able to continue to exist as a protected group under the Genocide Convention, they need a place from which to rebuild,” he continued. “Rafah is that place, the last stand… Without Rafah, the possibility to rebuild will be lost forever.”
In her speech, Irish lawyer Blinne Ni Ghralaigh outlined other developments in Gaza since the ICJ issued its preliminary ruling that illustrate the need for the court’s “invaluable intervention.”
Ni Ghralaigh detailed the destruction of hospitals like Al-Shifa, where mass graves have been found with the remains of women, children, and medical workers, and warned that “the same fate now awaits Rafah’s remaining hospitals, doctors, and medics.”
She also pointed to evidence that the IDF is treating evacuated areas as “extermination zones,” where soldiers are ordered to kill any remaining people, and its use of an error-prone AI system to target Palestinians.
The South African legal team said the court must order Israel “to immediately take all effective measures to ensure the access of persons able to investigate ongoing atrocities,” and called on the ICJ to “at least modify its provisional measures” from March, when it demanded that Israel allow humanitarian aid into Gaza.
“The court has the power to modify or make an explicit order for Israel to cease its military operations in Rafah, Gaza, and to withdraw from the Gaza Strip,” said Ni Ghralaigh, pointing out that the provisional measure from March could only take full effect if a cease-fire agreement was reached.
“No such resolution is in place. The court must itself, therefore, create the circumstances necessary for its provisional measures to take full effect. It must order Israel to cease its military operations system finally,” she said. “Enough is enough.”
Israel is expected to address the ICJ at a second day of hearings on Friday.
