UK judges’ and lawyers’ open letter concerning Gaza

The arrival of humanitarian aid in Gaza via a maritime corridor, 15 March 2024

Three former Supreme Court justices head the signatories to this open Lawyers’ Letter, dated 3 April 2024:

We are UK-based or qualified lawyers, legal academics and former members of the judiciary committed to upholding the rule of law and to protecting fundamental rights; and who share deep concern about the catastrophe unfolding in the Gaza Strip.

In a letter dated 26 October 2023, over a thousand members of the legal profession wrote to you concerning your Government’s obligations to avert and avoid complicity in serious breaches of International Humanitarian Law (“IHL”) in Gaza.

Since that letter, there have been significant developments in relation to the situation in Gaza. These include the provisional order of the International Court of Justice dated 26 January 2024, by which the Court concluded that there was a plausible risk of genocide in Gaza;  UN Security Council Resolution 2728 on 25 March 2024 demanding an immediate ceasefire during the month of Ramadan; and the worsening situation in Gaza, where the UN and international aid agencies warn of imminent famine, and where a ground offensive is threatened in Rafah, the last place of refuge for two-thirds of the population.

We write in the light of these developments to remind you of your Government’s obligations under international law, which require you to take, amongst others, the following five actions:

1. to work actively and effectively to secure a permanent ceasefire in Gaza;
2. to take all available measures to ensure safe access to and delivery of the essentials of existence and medical assistance to Palestinians in Gaza, including confirmation that UK funding to UNRWA will continue with immediate effect;
3. to impose sanctions upon individuals and entities who have made statements inciting genocide against Palestinians;
4. to suspend the provision of weapons and weapons systems to the Government of Israel; and
5. to suspend the 2030 Road Map for UK-Israel bilateral relations and negotiations towards an enhanced trade agreement and to initiate a review into the suspension of the UK’s bilateral trade agreement with Israel and consider the imposition of sanctions.

Full letter and detailed account of reasons for the letter here.  Signatories here.

Michael Cross reports in the Law Gazette on 9 April 2024 that UK Lawyers for Israel argue that the Lawyers’ Gaza letter is ‘based on erroneous legal claims’.  More….