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Lord David Cameron received legal advice when he was Tory foreign secretary indicating that Israel had breached international humanitarian law but decided not to suspend UK arms export licences, according to several people familiar with the matter.
Cameron made an assessment this spring that despite evidence of recent breaches, there was not a “clear risk” that items exported from Britain could be used to commit or facilitate serious violations of international humanitarian law by Israel in future, the people said.
The UK government’s arms export licensing criteria is forward looking, meaning licences are approved or suspended based on an assessment of what a nation may do in future.
This week David Lammy, the new Labour foreign secretary, announced the suspension of about 30 out of approximately 350 export licences to Israel for arms used in Gaza, including parts used in military aircraft.
Lammy told MPs on Monday that “the assessment I have received leaves me unable to conclude anything other than that” certain UK arms exports were at risk of use in IHL breaches by Israel.
His move, which has been criticised both as not going far enough and going too far, was the culmination of a fresh review of Israel’s compliance with IHL that he requested on his first day in the Foreign Office after the UK general election in July.
This review judged there had been possible breaches by Israel regarding its humanitarian provision and access to Gaza, as well as treatment of Palestinian detainees.
It found a lack of sufficient verifiable evidence regarding a third area of IHL: the conduct of Israel’s military campaign.
Lammy had been unable to see the legal advice provided to his predecessor Cameron, which was kept confidential under legal privilege. Cameron’s actions regarding arms export licences to Israel are being judicially reviewed by pro-Palestinian campaigners.
However, the people familiar with the matter said the legal advice provided to Cameron came to similar conclusions as the advice provided to Lammy, although it covered a different timeframe.
While it lies with the business secretary to make the final decision on whether to amend, suspend or revoke arms export licences, the foreign secretary provides formal advice.
Cameron last made such an assessment regarding licences to Israel in the spring. In a letter to the House of Commons foreign affairs committee in April, he stressed his policy assessments involved a range of considerations and were “informed by legal advice” but were “not ‘legal’ judgments”.
He added that “where there might be concerns, isolated incidents or processes that could be improved, ministers might still judge that there is not a clear risk that the export of relevant goods to that country might be used to commit or facilitate a serious violation of IHL”.
That would depend “on whether that country has a genuine intent, capacity and commitment more broadly to comply with IHL”, Cameron said in the letter.
Israel had provided a range of assurances to the UK about its commitment to IHL, according to the people familiar with the matter.
Several determinations were made under the last administration, and Cameron’s allies insist that on each occasion maintaining existing licences was consistent with legal advice.
The Foreign Office was approached by the Financial Times. Cameron’s spokesperson declined to comment.
On Wednesday Sir Keir Starmer was challenged in the Commons over the decision to suspend some arms export licences to Israel. The prime minister insisted “it is a legal decision, not a policy decision”, and reiterated Britain’s support for Israel and its right to self-defence.
Amid long-standing allegations by NGOs that Saudi Arabia has breached IHL in its intervention in Yemen, UK government figures have faced questions in recent days over whether they would review arms export licences to the Gulf state. The claims are denied by Riyadh.
UK defence secretary John Healey told Times Radio: “Every export licence is examined individually. It’s examined to the same standards, whichever the country.”