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Posted: 2024-09-04 02:53:17

Britain has announced it will immediately suspend 30 of its 350 arms export licences with Israel because of a "clear risk" that such equipment might be used to commit serious violations of international humanitarian law.

Foreign minister David Lammy said on Monday the decision only involved those items that could be used in the ongoing conflict between Israel and Hamas in the Gaza Strip, rather than a blanket ban or an arms embargo.

"We recognise, of course, Israel's need to defend itself against security threats, but we are deeply worried by the methods that Israel's employed, and by reports of civilian casualties and the destruction of civilian infrastructure particularly," Mr Lammy told parliament.

Israeli Prime Minister Benjamin Netanyahu called the decision "shameful".

"This shameful decision will not change Israel's determination to defeat Hamas, a genocidal terrorist organisation that savagely murdered 1,200 people on October 7, including 14 British citizens," his office said in a post on X.

Mr Netanyahu said the "misguided decision would only embolden Hamas", adding that five British citizens were still being held as hostages in Gaza.

"With or without British arms, Israel will win this war and secure our common future," he said.

Israel's offensive in Gaza has levelled much of the enclave of 2.3 million people, and the Gaza health ministry says more than 40,000 Palestinians have been killed. Displaced people are living in dire conditions with a hunger crisis.

The current war began when Hamas led a terror attack on southern Israel on October 7 last year, in which about 1,200 mostly civilians were killed and 251 abducted, according to Israeli figures.

Australia lists Hamas as a terrorist organisation.

Here's what we know about the UK's decision and whether there are implications for Australia and other countries.

What items are included in the suspension?

The British government does not give arms directly to Israel but rather issues licences for companies to sell weapons.

Licences are granted with input from lawyers on whether they comply with international law.

Among the items included under the suspensions are components for military aircraft including fighter jets, helicopters and drones, along with items used for ground targeting, the Associated Press reports.

But, parts for F-35 fighters will be exempted, except where going directly to Israel, as the government said it was not possible to suspend these without jeopardising the jets' entire global programme.

Sam Perlo-Freeman, research coordinator for Campaign Against Arms Trade, welcomed the UK government's announcement but said the exemption for F-35 parts was "utterly outrageous and unjustifiable".

It is unclear what other items can continue to be exported. According to Reuters, many of the licences approved after the start of the conflict were for items listed for "commercial use" or non-lethal items such as body armour, military helmets or all-wheel drive vehicles with ballistic protection.

Why has the UK suspended some of its arms export licences with Israel?

Soon after the Labour Party won the UK election in July, Mr Lammy said he would review arms sales to Israel to ensure these complied with international law.

"The assessment I have received leaves me unable to conclude anything other than that for certain UK arms exports to Israel, there does exist a clear risk that they might be used to commit or facilitate a serious violation of international humanitarian law," Mr Lammy said.

A paper released by the UK government on the decision said that the level of aid in Gaza remained "insufficient" and that "Israel could reasonably do more to facilitate humanitarian access and distribution".

"For example, Israel should establish a speedier and more effective system for deconflicting humanitarian aid from military operations," the paper reads.

It also noted that there had been "credible claims of the mistreatment of detainees".

"The concerns regarding Israel's compliance and commitment in the areas of humanitarian relief and treatment of detainees give cause for concern about its attitude and approach to the conduct of hostilities."

However, the paper acknowledged that it was not possible to reach a "determinative judgement" about Israel's conduct of hostilities, partly due to the "opaque and contested information environment in Gaza" and challenges with accessing all the necessary information from Israel.

Three men wearing suits stand side by side, holding hands in the middle

British foreign minister David Lammy (left) and his French counterpart, Stéphane Séjourné (right) are welcomed to Jerusalem by Israeli Minister of Foreign Affairs Israel Katz (middle). (AP Photo: Ohad Zwigenberg)

Mr Lammy said the decision was "a forward-looking evaluation, not a determination of innocence or guilt" on Israel's part.

In July, the International Court of Justice (ICJ) found that Israel's occupation of the Occupied Palestinian Territory is illegal under international law.

In its ruling, the ICJ said that UN member states had an obligation to "take steps to prevent trade or investment relations that assist in the maintenance of the illegal situation created by Israel in the Occupied Palestinian Territory."

While the ICJ's opinions are purely advisory and non-binding, they serve as a source of guidance for states on international law.

"The Jewish nation cannot be an occupier in its own land," Israeli Prime Minister Benjamin Netanyahu's office said in a statement following the ICJ ruling.

Israeli leaders have dismissed allegations of war crimes.

There is growing domestic political pressure on the UK government to take a firmer line with Israel over the nearly 11-month-long conflict in Gaza. Despite a landslide election win, Prime Minister Keir Starmer's party suffered significant setbacks in areas with large Muslim populations.

The government's decision to approve export licences to sell weapons in Israel has been an emotive issue since the start of Israel's Gaza offensive.

The British government's announcement came after Palestinian human rights organisation Al-Haq and the UK-based Global Legal Action Network filed a legal challenge aimed at forcing the UK to stop granting any licences for arms exports to Israel. The case has yet to go to a full court hearing.

What are the implications for Australia?

While British companies sell a relatively small amount of weapons and components to Israel, the UK is one of Israel's closest allies, so the decision could carry symbolic significance.

The military affairs correspondent for Israel's Channel 13 TV said the move could become more serious if other allies followed suit.

There has been much debate about Australia's involvement in arms trade with Israel.

The Greens have accused the federal government of "supporting genocide" through a "two-way arms trade" with Israel, while Labor ministers and defence officials have insisted no weapons or military parts have been exported to Israel.

Another line of argument from the Greens has been Australia's involvement in the global supply chain for the F-35 jet fighter, which involves a dozen nations including Israel.

According to the Royal Australian Air Force, more than 70 Australian companies have shared in global F-35 production and sustainment contracts, but defence argues the individual components can't be considered weapons.

Following the ICJ ruling in July, Foreign Minister Penny Wong said the government had been "firm and consistent" on Israeli settler activity being illegal under international law and a "significant obstacle to peace".

"We are carefully considering the detail of the ICJ opinion to fully understand the conclusions reached," she wrote.

What happens next?

At this stage, it is unclear whether the UK export licences will be permanently revoked.

The 30 suspended licences represent less than 10 per cent of all UK arms export licences to Israel.

Some British politicians and Jewish groups have accused the government of abandoning Israel, while others said the decision did not go far enough and advocated for a total ban on arms transfers.

Although Britain is a smaller exporter of arms to Israel than the US and Germany, the decision was seen by some analysts as a sign of Israel's increasing diplomatic isolation, according to Reuters.

British exports amount to less than 1 per cent of the total arms Israel receives.

Mr Lammy said the suspension would not have a material impact on Israel's security, and Britain continued to support its right to self-defence.

ABC/wires

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