Uncertainty over Israel’s compliance with international law ‘a challenge for UK’

Uncertainty over Israel’s compliance with international law poses a “challenge” for the UK, the Middle East minister has said, as Britain comes under increasing pressure to ban arms exports to the country.

Lord Ahmad, who has ministerial responsibility for the region, said Israel was leaving “many of its partners”, including the UK, “pretty challenged on where we are currently on the issue of international humanitarian law, and how they are fulfilling their obligations”.

It represents a hardening of the Government’s position, after Lord Cameron, the Foreign Secretary, indicated last month that the threshold for a breach of international law had not yet been reached.

There is a legal mechanism in the UK that requires an arms export ban if it is determined that a country is not showing commitment to international humanitarian law (IHL).

There have been mounting calls for such an embargo, with former judicial and security figures among those arguing that the threshold has been met.

Speaking to the Commons Foreign Affairs Committee on Tuesday, Lord Ahmad said: “I think Israel’s obligations to IHL is very clear for them to see.

“We have an assessment procedure … an overall assessment is made and a determination is made after that of the British government’s position - that’s happened before, it happens on a revolving basis.

“What’s very clear to me, I think the challenges are intense and immense on IHL. And from what we’ve already discussed, I think you’re very clear on what my thinking is.

“I think Israel is really leaving many of its partners, including ourselves, pretty challenged on where we are currently on the issue of IHL, and how they are fulfilling their obligations.”

It comes after Labour called for the UK to pause arms sales to Israel for the first time this week, amid concerns over a ground offensive in Rafah.

By contrast, Lord Cameron said on Sunday that it was “not a wise path” for Britain to ban exports, despite the US’s threats to halt its own supply of offensive weapons in the event of an attack on the city.

Unlike the US, the UK Government does not sell arms to Israel directly. However, it does have the power to block exports by revoking licences granted to weapons companies.

Lord Ahmad stressed that Britain is constantly reviewing its position, while acting as a “critical friend” to Israel.

“I would add quite clearly that there is an established process which the Foreign Secretary has talked about repeatedly, which he ultimately opines on from the information he receives, and those assessments happen,” he said.

“This isn’t a case of saying there’s a green light to Israel. Israel has obligations. We are allies of Israel and as a constructive friend to Israel, we’d land these points very directly to them. But at the same time, we make these assessments consistently.”

In April, Lord Cameron said the UK’s latest assessment of the situation left its position on export licences “unchanged”, indicating that ministers believed the threshold for a breach of international law had not been reached.

He said: “This is consistent with the advice that I and other ministers have received, and as ever we will keep the position under review.

“Let me be clear, though, we continue to have grave concerns around the humanitarian access issue in Gaza, both for the period that was assessed and subsequently.

“We’ve seen a welcome increase in trucks with ... perhaps as many as 400 going in yesterday, the highest since Oct 7, and of course public commitments from Israel to flood Gaza with aid. These now need to be turned into reality.”

Lord Cameron added: “Our position is in line with international partners. So far no like-minded countries have taken the decision to suspend existing arms export licences to Israel, and I’d add that Israel remains a vital defence and security partner to the UK. Our cooperation makes the UK and Israel more secure from external threats.

“We will continue to use this robust legal process to assess those legal issues and I would just add we don’t publish legal advice, we don’t comment on legal advice but we act in a way that is consistent with it.”

Canada, the Netherlands, Japan, Spain and Belgium have all suspended arms sales in the wake of Israel’s offensive in Gaza.