Recommendations & Conclusions
9 items
18
Recommendation
5th Report - Protection not permission:…
Rejected
We urge the Government to issue a formal response to the ICJ’s opinion concerning Israel’s policies and practices in the Occupied Palestinian Territories, setting out how it is complying with the obligations on the UK as a third party. (Recommendation, Paragraph 41)
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We urge the Government to issue a formal response to the ICJ’s opinion concerning Israel’s policies and practices in the Occupied Palestinian Territories, setting out how it is complying with the obligations on the UK as a third party. (Recommendation, Paragraph 41)
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Government response AI summary
The government rejects the recommendation, stating that consistent with long-standing policy, it does not consider the ICJ to have jurisdiction in this contentious case between Israel and Palestine. It maintains that a lasting peace requires a negotiated settlement between the parties.
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Foreign, Commonwealth & Development Office
20
Recommendation
5th Report - Protection not permission:…
Rejected
We recommend that the FCDO works with international partners to establish an independent central repository of evidence of breaches of IHL relating to the delivery of aid and attacks on aid workers. For this to be successful, the Government should undertake a consultation exercise with international and local delivery organisations, …
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We recommend that the FCDO works with international partners to establish an independent central repository of evidence of breaches of IHL relating to the delivery of aid and attacks on aid workers. For this to be successful, the Government should undertake a consultation exercise with international and local delivery organisations, as well as UN bodies and legal experts. (Recommendation, Paragraph 45) 51
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Government response AI summary
The government partially agrees with the intent but rejects leading the establishment of a new standalone central repository for evidence of IHL breaches. It prioritizes supporting existing mechanisms, such as UN and IIIM mechanisms, to prevent duplication of efforts.
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Foreign, Commonwealth & Development Office
22
Recommendation
5th Report - Protection not permission:…
Rejected
We recommend that the UK works with other willing members of the Ministerial Group on the Safety of Humanitarian Workers to establish a roster of independent legal experts and expert investigators who can support the criminal investigations of suspected breaches of IHL. (Recommendation, Paragraph 48)
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We recommend that the UK works with other willing members of the Ministerial Group on the Safety of Humanitarian Workers to establish a roster of independent legal experts and expert investigators who can support the criminal investigations of suspected breaches of IHL. (Recommendation, Paragraph 48)
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Government response AI summary
The government explicitly rejects establishing a new roster of independent legal experts and investigators, stating it will continue to prioritise support to existing accountability mechanisms instead.
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Foreign, Commonwealth & Development Office
24
Recommendation
5th Report - Protection not permission:…
Rejected
We recommend an amendment to the Crime and Policing Bill, to amend the International Criminal Court Act 2001, to provide for universal jurisdiction. This would allow for suspected war criminals to be investigated and prosecuted in the UK irrespective of their nationality, residency status, or location. (Recommendation, Paragraph 52)
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We recommend an amendment to the Crime and Policing Bill, to amend the International Criminal Court Act 2001, to provide for universal jurisdiction. This would allow for suspected war criminals to be investigated and prosecuted in the UK irrespective of their nationality, residency status, or location. (Recommendation, Paragraph 52)
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Government response AI summary
The government explicitly rejects amending the Crime and Policing Bill to extend universal jurisdiction, asserting that its existing robust legal framework, including the ICCA 2001, is sufficient for prosecuting international crimes.
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Foreign, Commonwealth & Development Office
31
Conclusion
5th Report - Protection not permission:…
Rejected
There is no legal requirement for companies in the UK to stop exporting arms when they are aware of a clear risk that their weapons could be used in suspected breaches of IHL–instead the legal obligations rest on the Government. It is time for this to be addressed. (Conclusion, Paragraph …
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There is no legal requirement for companies in the UK to stop exporting arms when they are aware of a clear risk that their weapons could be used in suspected breaches of IHL–instead the legal obligations rest on the Government. It is time for this to be addressed. (Conclusion, Paragraph 63)
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Government response AI summary
The government rejects the implicit call for action, stating that legal obligations for arms exports rest with the government, not manufacturers, and it does not intend to legislate for binding due diligence requirements. It maintains the UK already has a robust export control regime.
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Foreign, Commonwealth & Development Office
32
Recommendation
5th Report - Protection not permission:…
Rejected
The Government should legislate to provide for binding due diligence requirements on arms manufacturers. The Government should also make use of existing powers under the International Criminal Court Act (2001) to prosecute directors of arms manufacturers for complicity in war crimes such as those relating to the targeting of aid …
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The Government should legislate to provide for binding due diligence requirements on arms manufacturers. The Government should also make use of existing powers under the International Criminal Court Act (2001) to prosecute directors of arms manufacturers for complicity in war crimes such as those relating to the targeting of aid workers and facilities. (Recommendation, Paragraph 64) Practical protection for aid workers at risk of IHL abuses
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Government response AI summary
The government rejects the recommendation, stating it already has a robust export control regime and does not intend to legislate for due diligence requirements. It also states that prosecutions are a matter for independent authorities, which the government cannot direct.
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Foreign, Commonwealth & Development Office
39
Conclusion
5th Report - Protection not permission:…
Rejected
Where incidents relate to employees of UK-registered NGOs, it is essential that the Charity Commission is adequately resourced, and has the necessary powers, to investigate whether relevant organisations were diligent in their statutory obligations regarding their employees. (Recommendation, Paragraph 76)
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Where incidents relate to employees of UK-registered NGOs, it is essential that the Charity Commission is adequately resourced, and has the necessary powers, to investigate whether relevant organisations were diligent in their statutory obligations regarding their employees. (Recommendation, Paragraph 76)
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Government response AI summary
The government partially agrees but clarifies the Charity Commission's independent and limited role, and does not commit to ensuring it receives adequate resources or new powers as recommended.
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Foreign, Commonwealth & Development Office
45
Recommendation
5th Report - Protection not permission:…
Rejected
We recommend security risk management costs are decoupled from other programme costs. There should be a designated security risk management fund that organisations delivering UK Official Development Assistance can apply to in order to support their broader security requirements. These grants should be flexible to allow for the appropriate measures …
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We recommend security risk management costs are decoupled from other programme costs. There should be a designated security risk management fund that organisations delivering UK Official Development Assistance can apply to in order to support their broader security requirements. These grants should be flexible to allow for the appropriate measures to be funded in any given situation. The application process should be accessible to local organisations delivering UK ODA, and they should be encouraged to apply directly with support being provided through UK Embassies wherever possible. International NGOs and consultants applying for work with local organisations must be able to demonstrate both the relevance of their grant to their local partners and the value for money of their being an intermediary. (Recommendation, Paragraph 87)
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Government response AI summary
The government partially agrees on the importance of aid worker safety but explicitly rejects the recommendation for a new designated security risk management fund, arguing it would reduce overall funding due to significant administrative and management costs.
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Foreign, Commonwealth & Development Office
51
Recommendation
5th Report - Protection not permission:…
Rejected
The security risk management fund we recommend should prioritise grants that catalyse the pooling of activities–ensuring the best value for money and maximum reach. For example, this could include funding for pooled Hazardous Environment Awareness Training, in-country NGO forums, shared access to security advisors, mental health first aid training, and …
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The security risk management fund we recommend should prioritise grants that catalyse the pooling of activities–ensuring the best value for money and maximum reach. For example, this could include funding for pooled Hazardous Environment Awareness Training, in-country NGO forums, shared access to security advisors, mental health first aid training, and so forth. (Recommendation, Paragraph 99) 56
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Government response AI summary
The government partially agrees on the value of collaborative approaches but rejects the recommendation to establish a new security risk management fund. They state they already fund pooled resources like INSO and are exploring support for GISF, and have a history of supporting consortia.
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Foreign, Commonwealth & Development Office