Source · Select Committees · International Development Committee
Recommendation 17
17
Deferred
Government failed to formally respond to ICJ opinion on Israel's IHL compliance.
Conclusion
The FCDO needs to be led by the law without fear or favour. In July 2024, the International Courts of Justice handed down its advisory opinion on the legality of Israel’s policies and practices in the Occupied Palestinian Territories. This advisory opinion sets out various obligations in respect of third states, including the obligation to ensure Israel complies with IHL. It is unacceptable that the Government has failed to issue a formal response nearly a year after the ruling was given. (Conclusion, Paragraph 40)
Government Response Summary
The government acknowledges the ICJ's advisory opinion and states it is carefully considering it, committing to publish a full response in due course. It reiterates its commitment to international law and respects the ICJ's independence.
Government Response
Deferred
HM Government
Deferred
Partially agree 48. The UK is fully committed to international law and respects the independence of the International Court of Justice (ICJ) and the International Criminal Court (ICC). The UK is carefully considering the ICJ’s advisory opinion on the legal consequences arising from the policies and practices of Israel in the Occupied Palestinian Territory, including East Jerusalem, and how it applies to the UK. We are undertaking a thorough process to ensure we meet our international law obligations and are considering the various and complex legal issues raised by the Opinion. We will publish a full response in due course. 49. The Government’s policy is to keep the legal advice it receives confidential. This is in line with the long-standing practice of successive governments. 50. The UK expects any country with whom it enters into a bilateral agreement to uphold its obligations under international law, including IHL. The Government considers all relevant international law obligations and commitments when considering the UK’s bilateral agreements. This includes ensuring our agreements are consistent with international law. 51. The UK is committed to compliance with IHL and will continue to work to support this. We have published two voluntary reports (in 2019 and 2024) setting out the UK’s domestic implementation of IHL. We are committed to updating this report regularly, though we cannot commit to an annual report due to the resources that this would require. 52. The Government assesses all export licence applications on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria. These provide a robust framework and include relevant IHL considerations (Criterion 2). UK arms export controls are among the most robust in the world. 53. The Government takes its export control responsibilities very seriously. The UK operates one of the most robust export control regimes in the world. All export licence applications are considered on a case-by-case basis against the Consolidated EU and National Arms Export Licensing Criteria. A licence will not be issued if to do so would be inconsistent with any of the Criteria. 54. The Government also keeps all existing licences under review. This means that where there is a clear risk that the export might be used to commit or facilitate a serious violation of IHL, the licence would be suspended or revoked.