March 31, 2024
Ministers told Israel is breaking the law in Gaza, top Tory claims in leaked recording
Ministers have been warned by Government lawyers that Israel is BREAKING international law - but refuse to say it publicly, a senior Tory claimed in a leaked recording. Alicia Kearns told a drinks reception that the Foreign Office "has received official legal advice" about the crisis in Gaza, but has not announced it. Ms Kearns, who chairs the influential Commons Foreign Affairs Committee, also said she was "amazed" that the UK's threat level hadn't bee raised. If correct, such advice could force the Government to cease arms sales to Israel - and may impact on whether it can share intelligence. Rishi Sunak faces pressure to reveal what ministers have been told, with officials saying it is confidential. A recording obtained by The Guardian of a reception hosted by the West Hampstead and Fortune Green Conservatives on March 13, reveals Ms Kearns said: "The Foreign Office has received official legal advice that Israel has broken international humanitarian law but the Government has not announced it. "They have not said it, they haven't stopped arms exports. They have done a few very small sanctions on Israeli settlers - and everyone internationally is agreed that settlers are illegal, that they shouldn't be doing what they're doing, and the ways in which they have continued and the money that's been put in." She said that while she and Foreign Secretary David Cameron back Israel's right to self defence following Hamas's atrocities on October 7, this "has a limit in law". She said the response by Benjamin Netanyahu's government "is making their long-term security less certain". She went on to say the UK's long-term security is also less certain, and Ms Kearns added she is "amazed that our national threat level has not gone up". She said: "And it breaks my heart because I know it could be done differently.” The Foreign Office said the content of its legal advice is "confidential". After the recording was released, Ms Kearns stood by her remarks. She said: "I remain convinced the Government has completed its updated assessment on whether Israel is demonstrating a commitment to international humanitarian law, and that it has concluded that Israel is not demonstrating this commitment, which is the legal determination it has to make. "Transparency at this point is paramount, not least to uphold the international rules-based order." Arms export licences cannot be granted if there is a clear risk the weapons could be used in a serious violation of international humanitarian law. The Foreign Office said advice on Israel's compliance with international law was kept under review, but it would remain confidential. A Foreign Office spokesman said: "We keep advice on Israel's adherence to international humanitarian law under review and ministers act in accordance with that advice, for example when considering export licences. The content of the Government's advice is confidential." It comes after Lord Cameron repeatedly said that Israel, as the "occupying power" in Gaza, has responsibilities, including ensuring aid is supplied to civilians. He has stressed that responsibility has "consequences", including when the UK assesses whether Israel is compliant with international humanitarian law. Join our Mirror Politics WhatsApp community for all the latest from Westminster
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