KCS

• The UK government has received internal legal advice that Israel has broken international humanitarian law in its current war on Gaza.
• 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.
• In the UK, the high court dismissed an attempt to challenge the government’s continued licensing of arms exports to Israel.

Arms trade treaty

• 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.
• 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.
• So, signatories to the arms trade treaty continuing to supply weapons to Israel likely do so in breach of article 7.

Geneva conventions

• But it also includes article 1 of the 1949 Geneva conventions, which requires states to “ensure respect” for international humanitarian law.
• 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.

Lawrence Hill-Cawthorne does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.