Amid reports that government officials have expressed doubt that the United Kingdom can continue supporting Israel's assault on Gaza without breaking international law, a legal expert commissioned by a rights group warned the Labour Party on Wednesday that government ministers could be liable for possible war crimes committed by the Israel Defense Forces.
Global Justice Now director Nick Dearden wrote to Foreign Secretary David Lammy on Wednesday, advising him that the organization has commissioned a leading lawyer, Sam Fowles of Cornerstone Barristers, to provide a legal analysis of the U.K.'s potential breach of international law via its support for Israel.
Fowles determined that "the U.K. and individuals, including government ministers and senior civil servants, may be liable for crimes committed by the Israeli state or Israeli personnel during the country's ongoing military operation in Gaza and through the country's unlawful occupation of Gaza and the West Bank," wrote Dearden, with the potential liability arising from the U.K.'s continued "aid and assistance provided to Israel."
The legal opinion, said Tim Bierley, campaigner for Global Justice Now, should send "alarm bells... sounding across Whitehall."
"The U.K. government is putting its own ministers and civil servants at risk of prosecution by its continued failure to withhold support for Israel," he said.
In a 28-page report, Fowles pointed to the U.K.'s involvement with Israel since October 2023, when the Israel Defense Forces (IDF) began its bombardment of Gaza in retaliation for a Hamas-led attack on southern Israel.
U.K. surveillance aircraft have reportedly flown more than 200 missions over Gaza to assist Israel since October, and about 100 Royal Marines were sent to the Eastern Mediterranean shortly after the Hamas attack. The U.K. has also sent military aid to Israel and granted at least 42 new weapons licenses since Israel began its operations in Gaza, where Israeli Defense Minister Yoav Gallant ordered the IDF to release "all the restraints" that would protect civilian lives.
Israel's full-scale assault on Gaza has killed more than 40,000 Palestinians, the majority of whom have been women and children, and has included numerous strikes on so-called "humanitarian zones." It has also included Israel's blocking of nearly all humanitarian aid, leading to a mass starvation crisis that United Nations experts last month said qualifies as famine, and the spread of diseases including polio.
According to Fowles' legal analysis, said Dearden, the U.K. government "could be liable for Israel's alleged breaches of international humanitarian law and crimes against humanity during its military operation in Gaza since October 2023."
Fowles also found potential liability for "Israel's breaches of the right to self-determination and the prohibition of obtaining territory by aggression in its illegal and ongoing occupation of the West Bank and Gaza."
The barrister pointed out that the International Court of Justice (ICJ) ruled on July 19 that Israel's occupation of the West Bank, East Jerusalem, and Gaza is unlawful and that it breached international law by obtaining control of the territories by force. The ICJ also ruled in January that it was plausible that Israel has violated Gaza residents' rights under the Genocide Convention since October 2023.
Fowles' finding that the U.K. and its high-level government officials could be liable for war crimes was also bolstered, he said, by a report presented in May by the U.N.'s Independent Commission of Inquiry on the Occupied Palestinian Territory, which found Israel "had committed multiple war crimes and crimes against humanity."
Dearden wrote that Global Justice Now is hopeful that the findings will lead to "the swift and decisive action needed to end U.K. complicity in Israel's war crimes," particularly following the decision of Foreign Office official Mark Smith to resign from the government this week, saying there is "no justification" for continued arms sales to Israel.
The government is reportedly considering an arms embargo on Israel, but Dearden noted that on July 29, officials announced they were "seeking to develop a new trade deal with Israel."
"We seek to highlight the legal advice which states that 'it seems likely that the U.K., through its trade relationship with Israel, has helped facilitate the unlawful occupation,'" wrote Dearden.
Earlier this year, lawyers for the Conservative government that was voted out in July advised officials that Israel, with U.K. support, has breached international humanitarian law.
"What on Earth is [the government] waiting for?" asked Bierley. "It is long overdue for the U.K. to match words with actions by immediately suspending arms sales, trade talks, and other aid and assistance to Israel."