Top lawyer urges UK to halt arms sales to Israel following ICJ ruling

A prominent lawyer who represented Palestine at the International Court of Justice (ICJ) has called on the UK to stop selling arms to Israel in light of the court’s recent advisory opinion. Professor Philippe Sands KC, a member of Palestine’s legal team, has called on the new Labour government to comply with the ICJ ruling, which found Israel’s occupation and settlement policies in Palestinian territories to be illegal and found that Israel’s practice in the occupied territories amounted to the crime of apartheid.

The ICJ opinion, issued earlier this month, declared that UN member states have an obligation to neither recognise the occupation as lawful nor assist in its maintenance. Sands emphasised the significance of this ruling for the UK, stating: “The most immediate issue is the obligation in the advisory opinion on the states, which includes the United Kingdom, not to aid or assist in the maintenance of the current situation in the occupied territories of the West Bank, including [East] Jerusalem.”

He explained further: “That legal obligation precludes sales of military material which could be used directly or indirectly to assist Israel in maintaining its unlawful occupation of the occupied Palestinian territories.”

While ICJ advisory opinions are not directly binding on individual UN member states, Sands asserts that it will be “recognised as an authoritative statement of the law and one that the UN and its specialised agencies will follow as law.”

The lawyer also highlighted implications for trade, noting that, “Anything that is produced in the occupied territories, such as food, or that is sold there over the internet, is in principle subject to the international prohibition, if it can be said to aid or assist in the maintenance of the unlawful occupation.”

The ICJ ruling comes at a time when the UK is already under scrutiny regarding arms sales to Israel, particularly in light of Israel’s aggression against the Palestinians in Gaza. The apartheid state is also under investigation by the ICJ for the crime of genocide, the worst of all crimes against a people. The military offensive, launched in response to the 7 October cross-border incursion by Palestinian resistance groups, has claimed the lives of almost 40,000 Palestinians, mainly women and children, and wounded 91,000 others. An estimated 10,000 Palestinians remain missing, presumed dead, under the rubble of their homes and other civilian infrastructure destroyed by Israeli bombs.

There has been widespread speculation about how the new Labour government will respond to the ICJ opinion, particularly concerning arms sales. Labour has recently stated that UK arms sales to Israel have been delayed as ministers review weapons potentially linked to war crimes in Gaza.

Foreign Secretary David Lammy has indicated that officials are conducting a “comprehensive review of Israel’s compliance with international humanitarian law” and is considering banning certain arms sales to the country.

Sands also addressed the issue of Palestinian statehood, referencing the ICJ statement on “the realisation of the right of the Palestinian people to self-determination, including its right to an independent and sovereign state.” He noted that while recognition of a state is ultimately a political decision, the UK remains part of a “small and diminishing group” that has not recognised Palestine as a state.

As the international community awaits the UK’s official response to the ICJ advisory opinion, the Foreign, Commonwealth and Development Office has stated that it is “considering it carefully before responding” and “respects the independence of the ICJ.”

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