Statement concerning UK Government Obligations under International Law

The Bar Human Rights Committee (BHRC)1 welcomes the updated Lawyers’ Letter published on the 3^rd April 2024 which builds upon the Lawyers’ Letter of the 26^th October 2023.2 BHRC has quoted previous versions of the Lawyers’ Letter echoing, in particular, calls for a ceasefire through letters to MPs sent on 15^th November 2023 and 20^th February 2024, respectively.3

BHRC further acknowledges the comprehensive and persuasive legal analysis regarding the UK Government’s obligations under International Humanitarian Law (IHL), the International Convention for the Prevention and Punishment of the Crime of Genocide 1948 (Genocide Convention), and the need for urgent steps to be taken.4

BHRC notes the powerful call in this recent letter, now signed by over 800 practitioners and academics including four former members of the UK Supreme Court, for the UK Government to adhere to its responsibilities under IHL and the Genocide Convention, as well as International Human Rights Law (IHRL).5 We would also urge the UK Government to adopt a purposive approach which is designed to uphold these essential international norms.

We reiterate the concerns of the unified international community regarding a preventable imminent famine in Gaza.6 This risk has been brought closer by the withdrawal of the World Central Kitchen (which had been supplying 350,000 essential meals a day) following an attack by Israeli Military Forces that killed 7 humanitarian aid workers.7 This would appear, at a minimum, to illustrate a failure to take sufficient care to protect and preserve civilians and humanitarian workers who have bravely risked their lives to assist those in Gaza in a situation which can now only be described as a catastrophe.

The International Court of Justice (ICJ) unanimously handed down an additional Provisional Measure highlighting the imminent risk of famine and reiterating the call for Israel to ensure the distribution of humanitarian aid in Gaza in South Africa v Israel (Concerning Alleged Violations of the Genocide Convention).8  BHRC urges the UK government to ensure, in accordance with its obligations under the Genocide Convention, compliance with orders and decisions of the ICJ as the adjudicative body for the Genocide Convention.

We also echo the calls for Israel to uphold its own obligations under IHL — noting the requirement to protect civilians, medical personnel, journalists, and aid workers under the Fourth Geneva Convention as well as customary IHL, and to investigate this instance as well as numerous other cases with, as President Biden recently acknowledged, concerningly similar consequences.9

We believe that adherence to international law would prevent so many of the deaths and injuries to innocent lives which has undoubtedly occurred. Moreover, a failure to hold parties to these norms has consequences. The framework of international law is designed to prevent a repeat of the horrors of the past. They can only do so if they are rigorously applied and Governments, including allies, are held strictly to these humanitarian principles.

We have previously called for a ceasefire and do so now with even greater urgency having regard to the current situation and ongoing developments. A ceasefire is realistically the only means to give effect to obligations under International Humanitarian Law and the Genocide Convention. Consequently, the UK should now support a permanent ceasefire — and take all steps it can to provide and support the delivery of aid, press for the release of hostages who have now been in captivity for six months, and immediately pause the export of arms to the Israeli Government,10 which appears increasingly not to have full regard to its clear international obligations. The UK has long regarded its reputation for upholding the rule of law with pride.

 

Michael J Ivers KC
Chair of BHRC
5th April 2024

 

 

Notes to Editors:

1. The Bar Human Rights Committee of England and Wales (BHRC) is an association of practicing barristers, legal academics, and law students dedicated to protecting the rights of advocates, judges, and human rights defenders around the world, and to promoting the principles of justice and respect for fundamental human rights internationally through the rule of law. It is autonomous of the Bar Council of England and Wales. Given professional obligations, and following professional protocol, Naomi Hart has recused herself from involvement in this letter.
2. Link to the Lawyers Letter and previous versions can be found at: https://lawyersletter.uk/
3. See BHRC’s Letter on 15 November 2023 and 20 February 2024, respectively: https://barhumanrights.org.uk/bhrc-endorses-powerful-legal-arguments-in-advance-of-mps-gaza-ceasefire-debate/ and https://barhumanrights.org.uk/bhrc-letter-to-mps-on-ceasefire-for-gaza-february-2024/
4. The UK has signed and ratified both the Genocide Convention and the Four Geneva Conventions and their Additional Protocols.
5. The Updated Lawyers’ Letter calls for the UK government to:
   • Work towards a permanent ceasefire in Gaza;
   • Take measures to ensure that all forms of humanitarian aid are reaching Gaza and reaffirm funding for UNWRA;
   • Impose sanctions upon individuals and entities who have made statements inciting genocide against Palestinians;
   • Suspend the provision of weapons and weapons systems to Israel; and
   • Suspend the 2030 Roadmap for UK-Israel bilateral relations and institute a review into UK-Israel bilateral treaty relations as well as considering the imposition of sanctions.
6.  According to the UN’s Office for the Coordination of Humanitarian Affairs (OCHA) and as of 3 April 2024, 1.1 Million people in Gaza are at catastrophic levels of food insecurity with 28 children so far having died of malnutrition and dehydration. As of 3 April 2024, over 50,000 children are estimated to be acutely malnourished. See: https://www.ochaopt.org/content/hostilities-gaza-strip-and-israel-reported-impact-day-180
7. 7 humanitarian aid works with the charity World Central Kitchen were killed in an Israeli drone strike and World Central Kitchen has decided to suspend its activities in Gaza. See: https://wck.org/news/gaza-team-update
8. South Africa requested additional Provisional Measures on 6 March 2024. The ICJ handed down additional Provisional Measures on 28 March 2024. See, respectively: https://www.icj-cij.org/case/192
9. Humanitarian relief personnel are protected under Rule 31 of Customary International Humanitarian Law. See: https://ihl-databases.icrc.org/en/customary-ihl/v1/rule31#:~:text=Respect%20for%20and%20protection%20of%20humanitarian%20relief%20personnel%20is%20a,and%20non%2Dinternational%20armed%20conflicts. See also, statement by Joe Biden: https://www.whitehouse.gov/briefing-room/statements-releases/2024/04/02/statement-from-president-joe-biden-on-the-death-of-world-central-kitchen-workers-in-gaza/
10. There is precedent as the UK Government has previously halted arms sales to Israel or indicated they would suspend a number of licenses if hostilities resumed as recently as 2002 and 2009 – both in respect of Gaza. See: https://www.telegraph.co.uk/global-health/terror-and-security/international-law-force-britain-stop-arms-sales-to-israel/;https://www.theguardian.com/uk/2002/apr/13/israel.armstrade; https://www.theguardian.com/world/2009/jul/13/uk-halts-israeli-arms-exports.