42 MPs have signed an Early Days Motion calling for the government to immediately publish the legal advice findings
The UK government has failed to make public legal advice that Israel “has broken humanitarian law”, a senior Tory MP has claimed, which would require the UK to cease all arms sales to Israel.
In a leaked recording at a Tory fundraiser, Conservative chair of the foreign affairs select committee, Alicia Kearns, said she remained “convinced” that the government has completed its updated assessment on whether Israel has breached international law, but has not announced the findings.
If the government has received advice from its own lawyers that Israel has breached international law, legal experts have said the UK must cease all arms sales to Israel immediately or risk putting the UK in breach of international law itself, as the country would be seen aiding and abetting war crimes.
Kearns told the gathering in London: “The Foreign Office has received official legal advice that Israel has broken international humanitarian law but the government has not announced it.
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42 MPs from eight parties have signed an Early Day Motion started by Richard Burgon MP calling on the government to immediately publish the legal advice it has received.
Palestinians carry the body of a woman found under the rubble of a destroyed building following an Israeli airstrike in Rafah, Gaza Strip, March 27, 2024
‘It is utterly unconscionable for arms sales to continue’ when Israel has plausibly breached the Genocide Convention, a letter coordinated by Zarah Sultana MP tells the government
MORE than 100 MPs demanded the government halt all arms sales to Israel today because of its genocidal assault on Gaza.
The 108 MPs backed the call in a letter co-ordinated by Coventry South MP Zarah Sultana, which was also signed by 27 members of the House of Lords.
It comes as pressure mounts on the British government to give effect to the United Nations security council resolution demanding an immediate ceasefire in Gaza passed earlier this week.
Israel has rejected the resolution and continues its assault. MPs expressed concerns earlier this week that continuing to arm Israel would make Britain complicit in war crimes and other breaches of international law.
Signatories include ex-Labour Leader Jeremy Corbyn, former Labour Middle East minister Lord Peter Hain, SNP Westminster leader Stephen Flynn and former Labour shadow minister Jess Phillips, who resigned from the front-bench in November over the party’s refusal to back a Gaza ceasefire.
Ms Sultana said that “when Israel is ‘plausibly’ in breach of the Genocide Convention and flagrantly violates international law on a daily basis, it is utterly unconscionable for arms sales to Israel to continue.
“But the UK government is refusing to act, making it complicit in this atrocity.
U.S. State Department spokesperson Matthew Miller speaks to reporters during a press briefing on March 25, 2024. (Photo: Mostafa Bassim/Anadolu via Getty Images)
One expert accused the U.S. of working to “undermine and sabotage the U.N. Security Council, the ‘rules-based order,’ and international law.”
Biden administration officials attempted Monday to downplay the significance of a newly passed United Nations Security Council resolution, drawing ire from human rights advocates who said the U.S. is undercutting international law and stonewalling attempts to bring Israel’s devastating military assault on Gaza to an end.
The resolution “demands an immediate cease-fire for the month of Ramadan respected by all parties, leading to a lasting sustainable cease-fire.” The U.S., which previously vetoed several cease-fire resolutions, opted to abstain on Monday, allowing the measure to pass.
Shortly after the resolution’s approval, several administration officials—including State Department spokesman Matthew Miller, White House National Security Council spokesman John Kirby, and U.S. Ambassador to the U.N. Linda Thomas-Greenfield—falsely characterized the measure as “nonbinding.”
“It’s a nonbinding resolution,” Kirby told reporters. “So, there’s no impact at all on Israel and Israel’s ability to continue to go after Hamas.”
Watch Matt Lee ask StateSpox about the passing of the UN ceasefire resolution. Basically the US position is it makes no difference and Miller calls 🇷🇺/🇨🇳 veto cynical.
Lee: Do you expect Israel is going to announce a ceasefire?
Josh Ruebner, an adjunct lecturer at Georgetown University and former policy director of the U.S. Campaign for Palestinian Rights, wrote in response that “there is no such thing as a ‘nonbinding’ Security Council resolution.”
“Israel’s failure to abide by this resolution must open the door to the immediate imposition of Chapter VII sanctions,” Ruebner wrote.
Beatrice Fihn, the director of Lex International and former executive director of the International Campaign to Abolish Nuclear Weapons, condemned what she called the Biden administration’s “appalling behavior” in the wake of the resolution’s passage. Fihn said the administration’s downplaying of the resolution shows how the U.S. works to “openly undermine and sabotage the U.N. Security Council, the ‘rules-based order,’ and international law.”
In a Monday op-ed for Common Dreams, Phyllis Bennis, a senior fellow at the Institute for Policy Studies, warned that administration officials’ claim that the resolution was “nonbinding” should be seen as “setting the stage for the U.S. government to violate the U.N. Charter by refusing to be bound by the resolution’s terms.”
While all U.N. Security Council resolutions are legally binding, they’re difficult to enforce and regularly ignored by the Israeli government, which responded with outrage to the latest resolution and canceled an Israeli delegation’s planned visit to the U.S.
Israel Katz, Israel’s foreign minister, wrote on social media Monday that “Israel will not cease fire.”
The resolution passed amid growing global alarm over the humanitarian crisis that Israel has inflicted on the Gaza Strip, where most of the population of around 2.2 million is displaced and at increasingly dire risk of starvation.
Amnesty International secretary-general Agnes Callamard said Monday that it was “just plain irresponsible” of U.S. officials to “suggest that a resolution meant to save lives and address massive devastation and suffering can be disregarded.”
In addition to demanding an immediate cease-fire, the Security Council resolution calls for the unconditional release of all remaining hostages and “emphasizes the urgent need to expand the flow of humanitarian assistance.”
Farhan Haq, deputy spokesman for the U.N. secretary-general, stressed during a briefing Monday that “all the resolutions of the Security Council are international law.”
“They are as binding as international laws,” Haq said.
Children in Rafah, Gaza gather to receive food distributed by aid organizations on March 15, 2024. (Photo: Jehad Alshrafi/Anadolu via Getty Images
“The State Department’s position makes a mockery of U.S. law and assurances provided to Congress,” said Sen. Bernie Sanders.
Sen. Bernie Sanders on Monday said the U.S. State Department’s determination that Israel is not violating international law with its assault on the Gaza Strip is “absurd on its face,” pointing to the mass death, destruction, and starvation that Israeli forces have inflicted on the territory’s population over the past six months.
“Thirty-two thousand Palestinians in Gaza have been killed and almost 75,000 injured, two-thirds of whom are women and children,” Sanders (I-Vt.) said in a statement. “Some 60% of the housing units have been damaged or destroyed, and almost all medical facilities have been made inoperable. Today, hundreds of thousands of Palestinian children are facing starvation because [Israeli Prime Minister Benjamin] Netanyahu won’t let in sufficient humanitarian aid, while thousands of trucks are waiting to get into Gaza.”
“The State Department’s position,” said Sanders, “makes a mockery of U.S. law and assurances provided to Congress.”
The senator’s statement came after State Department spokesperson Matthew Miller told reporters during a press briefing earlier Monday that the Biden administration has not found Israel “to be in violation of international humanitarian law, either when it comes to the conduct of the war or when it comes to the provision of humanitarian assistance.”
Miller was responding to a question about assurances the administration has received from the Israeli government that its use of American weaponry has complied with international law and that it has permitted U.S. humanitarian aid to enter Gaza, where the entire population is facing acute hunger.
Under a new Biden administration policy known as NSM-20, recipients of American military aid are required to provide the U.S. government with “credible and reliable” written assurances that they are using such assistance “in a manner consistent with all applicable international and domestic law and policy.”
Late last week, a group of U.S. senators—including Sanders—warned the Biden administration that deeming Israeli assurances credible would “be inconsistent with the letter and spirit of NSM-20” and “establish an unacceptable precedent” for the application of the policy “in other situations around the world.”
“Until Biden is ready to impose real policy consequences on Netanyahu’s government, the famine will continue.”
It is a violation of U.S. law to continue sending military assistance to a country that is obstructing the delivery of American humanitarian aid. Last month, far-right Israeli Finance Minister Bezalel Smotrich blocked a U.S.-funded flour shipment from entering the Gaza Strip, and Israeli forces have repeatedly fired on convoys attempting to deliver aid to desperate Gazans.
But the Biden administration has refused to even apply concrete restrictions on American military aid. Over the weekend, U.S. President Joe Biden signed into law a measure that approves $3.8 billion in unconditional military assistance for the Israeli government and imposes a one-year ban on funding for the primary humanitarian aid organization in Gaza.
Jeremy Konyndyk, the president of Refugees International and a former USAID official, said Monday that Israel’s assurances to the U.S. are “not remotely credible” and argued the Biden administration is undermining efforts to combat the worsening humanitarian crisis in Gaza by accepting the Israeli government’s claims.
The U.S., he said, is “talking a big game about fighting the famine that its bombs and diplomatic cover have helped create.” Resorting to “gimmicky” efforts such as airdrops and temporary ports while a U.S. ally obstructs humanitarian aid “is not how you fight a famine,” Konyndyk argued.
“Fundamentally Biden must choose: between continuing to enable Netanyahu, or ending the famine. There’s no way to split the difference,” said Konyndyk. “Until Biden is ready to impose real policy consequences on Netanyahu’s government, the famine will continue.”
Israeli Prime Minister Benjamin Netanyahu (R) and Israeli Defense Minister Yoav Gallant (L) visit the site of the shooting in Hebron, West Bank on August 21, 2023. (Photo: Amos Ben-Gershom (GPO)/Handout/Anadolu Agency via Getty Images)
“We know Israel won’t comply so long as there are no consequences,” said one advocacy group. “The U.S. must cut off weapons now!”
In news that one policy expert said could have been ripped from the satirical newspaper The Onion, Israeli officials gave a written assurance to the Biden administration on Friday that it would use U.S. weapons in accordance with international law.
The assurance comes more than five months into Israel’s bombardment of Gaza, in which the country’s U.S.-backed military has killed at least 31,490 Palestinians, including more than 12,300 children, while claiming to be targeting Hamas members.
Assal Rad, research director at the National Iranian American Council, noted that Israel has also killed at least 95 journalists in Gaza, attacked healthcare facilities, and starved civilians by blocking humanitarian aid deliveries while explicitly calling on the Israel Defense Forces to commit genocidal acts.
After months of seeing Israel slaughter children, destroy and starve Gaza, kill civilians, aid workers & journalists at historic pace, attack hospitals and healthcare workers, blow up universities and homes, and use genocidal language, this headline looks like it’s from the Onion pic.twitter.com/5TiHwr6stl
Israeli Defense Minister Yoav Gallant signed the letter to the Biden administration weeks after the White House released a national security memorandum (NSM-20) saying Secretary of State Antony Blinken must “obtain credible and reliable written assurances” from any country receiving U.S. weapons, stating that the country “will use any such defense articles in accordance with international humanitarian law.”
In December, an Amnesty International investigation found that U.S.-made munitions had been used by the IDF in two illegal airstrikes on residential buildings, which killed more than 43 people, including 19 children.
NSM-20 also says a country receiving U.S. arms must “facilitate and not arbitrarily deny, restrict, or otherwise impede, directly or indirectly, the transport or delivery of United States humanitarian assistance and United States government-supported international efforts to provide humanitarian assistance.”
“This is nonsense,” Rohan Talbot, director of advocacy and campaigns for Medical Aid for Palestinians, said of Gallant’s letter on Friday.
While relentlessly assaulting civilian targets in Gaza, Israel has allowed only a fraction of the humanitarian aid that’s needed into the enclave. In recent weeks, the IDF has killed an estimated 400 Palestinians who were trying to access aid, according to officials in Gaza.
According to Axios, which first reported on Israel’s communication, Blinken has until March 25 to certify that Gallant’s assurances are credible.
Gallant is among the top Israeli officials who have used genocidal rhetoric regarding Palestinians since the country began its bombardment in retaliation for the October 7 Hamas-led attack on southern Israel. He said publicly in October that the IDF was fighting “human animals” in Gaza—home to about 2.3 million people, nearly half of whom are children.
The letter from the defense minister amounted to “a sick joke,” said author and political analyst Josh Ruebner.
What a sick joke. Like Israel is going to comply w/ these assurances & stop genocidal acts against Palestinians in Gaza w/ US weapons.
Israel only signed b/c of NSM-20 requirements knowing that Biden won't sanction them after the assurances are violated. https://t.co/0Y5Gn1hVU5
“Israel’s assurances to President Joe Biden that it won’t use U.S. weapons to violate international law and won’t block U.S. aid from reaching starving Palestinians are clear and blatant lies,” said the Institute for Middle East Understanding. “We know Israel won’t comply so long as there are no consequences. The U.S. must cut off weapons now!”
