R (on the application of Al-Haq) v Secretary of State for Foreign and Commonwealth Affairs and Other

Phil Shiner of Public Interest Lawyers today read this statement outside the Royal Courts of Justice after issuing proceedings against the British Government on behalf of Al-Haq. Al-Haq are a human rights organization based in the West Bank. It has an impeccable track record on the issue of human rights violations in Gaza, particularly since Israel’s attacks began on 27 December 2008.

It’s position in these proceedings is a simple one:

1. Israel is in flagrant and continuing breach of International Law especially for interfering with the Palestinian right of self-determination, acquiring territory by force and for committing serious breaches of
Geneva Convention principles especially those outlawing indiscriminate and disproportionate attacks on civilians.

2. The UK too is in flagrant and continuing breach of International Law. Given Israel’s behaviour in Gaza it should have complied with the following international
obligations: to denounce Israel’s actions; not to recognize as lawful the situation created by Israel in the Occupied Palestinian Territories; not to render aid or assistance to Israel; to cooperate with other states using all lawful means to bring Israel’s breaches to an end; and to take all possible steps to ensure that Israel respects its

obligations under the Geneva Conventions.

3. In fact not only has the UK not met it’s obligations not to render aid or assistance and not to recognise the illegal situation it appears to have positively assisted Israel in it’s action in Gaza. Three
examples make the point: one) it has continued it’s arms trading with Israel and in fact in the first quarter of 2008 approved a record amount of UK arms exports to Israel; two) even though it is a key member of the EU it has done nothing to push for the effective suspension of the preferential trading agreement between the EU and Israel
even though this agreement is underpinned by an obligation that Israel must respect Human Rights; three) despite the UK’s Permanent Membership of the UN Security Council, its membership of the G8 Group and of the Convention for the High Contracting Parties for the Geneva Conventions, and its status within the EU and Quartet it has done nothing to censor or sanction effectively Israel for it’s actions in Gaza.

4. The UK now has urgent international obligations that it must fulfill immediately bearing in mind the huge and disproportionate civilian casualties, and that these casualties continue. Bearing in mind these international obligations Al-Haq calls publicly for the UK Government through this legal action to do all of the following:

a. To denounce publicly Israel’s actions in Gaza and in connection with the continuing construction of the wall.
b. To suspend with immediate effect it’s arms related export licensing approval system so that no more UK companies can export arms related products until Israel complies with its human rights obligations.
c. To insist that the EU suspend the preferential trading agreement with Israel until it demonstrates full respect for it’s human rights obligations.
d. To suspend all UK Government financial, military or ministerial assistance either directly to Israel or to UK companies exporting military technology or goods to Israel.
e. To place before the police any evidence of war crimes committed by Israel’s agents intending to enter UK jurisdiction.

It is Al-Haq’s position that if the UK were to meet it’s international obligations now Palestinian lives and limbs in Gaza would be saved, and there would be a much greater chance of accountability for Israel’s actions and a change in the policies of all key players so that nothing like it can ever again befall the Palestinian people.