PARLIAMENTARY DEBATE
Strategic Export Licences: Israel - 30 April 2024 (Commons/Commons Chamber)

As required by the UK’s robust arms export control regime, the Foreign Secretary has reviewed the most recent advice about the situation in Gaza and Israel’s conduct of its military campaign. The British position on export licences is unchanged, but we will keep that position under review.

Given that the very purpose of the UK’s arms export licence criteria is to apply a precautionary principle to arms sales to prevent them from fuelling future atrocities, and given the extensive evidence of potential war crimes and violations of international humanitarian law by Israel in Gaza, surely it is clear that the UK export licensing system is not working. Does the Minister agree with me and the countless Midlothian constituents who have been in touch with me that the Government should now suspend the transfer of arms to Israel in order to prevent future atrocities, and does he agree that UK Government policy allows for that decision to be made at the discretion of Ministers, outside the failed export licensing system?

Our position on the arms embargo is consistent with most of our like-minded partners, who have not taken any decision to suspend existing arms export licences to Israel. It would be an odd decision for us to take when we have used our own military weaponry to defend Israel from the attacks by Iran.

Exports are linked to law, of course, and the White House said yesterday that the International Criminal Court does not have jurisdiction over Israel because, rather like the USA, it is not a signatory to the statute of Rome, which set up the Court. More than three years ago the then British Prime Minister wrote an open letter saying that the UK does not accept that the ICC has jurisdiction, again because of the statute of Rome and the absence of sovereignty over the situation in the region. Can the Deputy Foreign Secretary confirm that that is still the position of His Majesty’s Government?

I can tell my right hon. and learned Friend that we do not think that the ICC has that jurisdiction, as was set out in the letter to which he referred, but it is a matter for the ICC ultimately to reach a determination on that.