Foreign Secretary has written to the Foreign
Affairs Committee, outlining the processes by which decisions are
made on arms export licences and potential breaches of
international humanitarian law (IHL).
While the Business and Trade Secretary decides whether to “amend,
suspend or revoke” licences, the Foreign Secretary has
responsibility to provide advice on the conformity of export
licence applications with the Strategic Export Licensing
Criteria.
The Foreign Secretary explains that his advice draws on
“open-source evidence, intelligence, accounts of diplomatic and
ministerial engagements and correspondence with the relevant
country”. The resulting policy assessments are not “legal”
judgements but are informed by legal advice.
The letter says 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 to
facilitate a serious violation of IHL. This would depend on
whether the country has a genuine intent, capacity and commitment
more broadly to comply with IHL.”
The letter concludes that – although the extant export licences
for Israel have been kept under review since the 7 October Hamas
attack – the UK position on export licences remains unchanged.
Chair of the Foreign Affairs Committee, Alicia Kearns MP,
said:
“This letter provides clarity on the processes behind the UK's
decision-making on arms export licences, but it also raises some
questions.
“Despite the Foreign Secretary's words to the contrary, there
isn't consensus between likeminded countries. Longstanding
partners and allies – such as Canada and Italy – have announced a
suspension of arms exports to Israel.
“The Foreign Secretary's letter indicates that intent and
commitment to complying with international humanitarian law are
heavily weighted when considering whether a serious breach has
occurred. In the House, Ministers have frequently been asked
whether a commitment to IHL is being demonstrated, no clear
answer has been received.”
