Recommendation 7

HM Government · verbatim extract Deferred

The Government agrees with the Committee’s recommendation to recognise the State of Palestine. On 29 July, the Prime Minister announced that the UK would recognise the state of Palestine in September before UNGA, unless the Israeli government took substantive steps to end the appalling situation in Gaza, agree to a ceasefire and commit to a long-term, sustainable peace, reviving the prospect of a two-state solution. On 21 September, in the face of growing horror in the Middle East, the UK officially recognised the state of Palestine as a sovereign and independent state. Since July, when the Prime Minister pledged to take action, the dire situation in the region has only worsened. The horrific scenes in Gaza, the illegal settlements in the West Bank, and the actions of Hamas mean the prospect of a two-state solution is fading fast. We firmly believe that a two-state solution is the only path to justice for Palestinians and enduring security for Israelis. At the moment, neither of those exist, so it is our historic and moral responsibility to act. Our message to the terrorists of Hamas is unchanged and unequivocal. They must immediately release all the hostages, sign up to a ceasefire, disarm and accept that they will play no part in the government of Gaza. Sanctions, Trade, Settlements and Occupation Conclusions and recommendation 8–10 8. The Government decision to licence the sale of F-35 components to Israel has been subject to ongoing dispute and difference of opinion amongst the UK public and politicians. The Committee recognises the real threat to Israel from Iran and its proxies who are on record as wishing to destroy the Israeli state. We therefore reaffirm the right of Israel to defend itself. (Conclusion, Paragraph 59) 9. Even if the Government’s decision to licence the sale of F-35 components is lawful under domestic law, the decision of whether to do so is still a political one. The Government’s decision has been taken on the basis that suspending the licences would disrupt the global F-35 supply pool with implications for international peace and security. (Conclusion, Paragraph 60) 10. The Government should set out how allowing indirect exports of F-35 components to the global supply pool, despite the clear risk of violations of International Humanitarian Law which has been identified, is consistent with the UK’s international obligations, given that the existence of such “clear risk” is one of its own criteria for determining compliance with these obligations. (Recommendation, Paragraph 61) The Government notes the Committee’s recommendation. As the Committee highlights, one of our first acts in government was to review and suspend export licences that might be used by the IDF in the conflict in Gaza. We have successfully implemented that suspension and continue to refuse all relevant licence applications. As set out to Parliament, the only exception to the suspension is parts for the global F-35 programme, to protect its role in NATO and international peace and security. But we have suspended direct exports of F-35 parts for use by Israel. The High Court in its 30 June ruling upheld the Government’s thorough and lawful decision making on this matter and agreed that it is not possible for the UK to act unilaterally to prevent Israel receiving UK-made F-35 components through the global programme. We undertake regular assessments to ensure that all export licences, including for F-35 components, remain consistent with our international obligations such as the Genocide Convention and Arms Trade Treaty. This includes collating and reviewing information about the conflict to ensure decisions are made with the benefit of the latest information. Criterion 2(c) of the Strategic Export Licensing Criteria states that the government will not grant a licence if it determines there is a ‘clear risk’ that items ‘might’ be used to commit or facilitate a serious violation of IHL. This is a different threshold than required under international law. We have set out in detail how our actions are consistent with our legal obligations in the Government’s Skeleton Argument from the recent Judicial Review, which was shared with the Committee. These are difficult issues, but the Government will always act in line with domestic and international law. Conclusion and recommendation 11–12 11. The Government has halted trade talks with Israel and further progress on the 2030 Roadmap, and we expect that to continue until an internationally recognised peace settlement has been agreed. (Conclusion, Paragraph 64) 12. A different approach should be applied to the Israeli settlements in the West Bank and East Jerusalem; the Government should take immediate steps to prepare a comprehensive ban on the import of goods from the illegal settlements in the West Bank, with reference to the UN database of businesses substantially and materially involved in settlement-related business activity. (Recommendation, Paragraph 65) The Governmen