Advent Not Arms: The human rights reasons for suspending arms to Israel
War is a defeat
As the death toll has risen from Israel's retaliation to the barbarous acts of October 7, at Embrace the Middle East we have heeded the call from our partners to speak out: we have signed statements calling for a ceasefire, a just peace process, a return of the hostages, unfettered access for humanitarian aid and the right treatment of Palestinian political prisoners. Yet there is no end to the violence and devastation and no incentive for the fighting to adhere to International Humanitarian Law (IHL).
It is time to take a bolder stand and we ask you to join us in calling on the UK government to suspend all arms sales to Israel. In our 170-year history, war has never achieved sustainable peace and that will not change now. As his Holiness Pope Francis says: ‘Brothers and sisters, war is an illusion. It is a defeat, and it will never bring peace or security… Stop, please!’
Civilians are not targets
On 7th October 2023 the world watched in horror as Hamas and other militant groups killed, injured and took hostage more than 1000 Israelis. The crimes committed on that day are clear. The law is clear and there is no excuse for targeting civilians, even in response to decades of oppression. Israel is a sovereign state and its citizens have a right to live in peace and security. Those responsible for the attacks must be held to account.
What we have witnessed in the past year, however, is not the proportionate response that international law deems appropriate. At the time of writing, over 43,000 Palestinians in Gaza have died; of these approximately 13,319 are children, 7,216 are women and 3,447 are elderly, with more still missing under the rubble as civil defense teams do not have the resources to recover everyone. People are being killed, injured and displaced in Lebanon, there have been numerous civilian deaths from IDF fire and violent settlers are increasing their illegal occupation on the West Bank.
Palestinian civilians also have the right to live in peace and security. Yet with more than half of those killed in Gaza being non-combatants, there is a clear risk that Israel is not upholding its responsibility to protect civilians and respond proportionately to the threat.
An obligation to abide by International Humanitarian Law
We are calling on the UK Government to suspend arms sales to Israel because where there is a risk that war crimes and crimes against humanity (as enshrined in International Humanitarian Law (IHL) by the International Court of Justice and the International Criminal Court) are being perpetrated, the UK has a legal obligation not to facilitate the continuation of those crimes.
The legal arguments around violations of IHL are complex, but Professor Phillipe Sands KC, one of the UK’s leading war crimes lawyers, summarised what is expected of combatants in an interview for the BBC on 23 October 2024:
“It has to be proportionate. It has to meet the requirements of international humanitarian law. It must distinguish between civilians and military targets.
"It doesn't allow you to use famine as a weapon of war. It doesn't allow you to forcibly deport or evacuate large numbers of people.
"...It's impossible to see what is going on now in Gaza, as it's impossible to see what happened on 7 October, and not say crimes are screaming out.”
We are clear that this campaign action is not antisemitic: as a nation state, Israel is bound to the rules of IHL and should be held to account for those in the same way as for any other nation. With Hamas and Hezbollah proscribed as terrorist organisations, Israel is the only state in this conflict that the UK government has an arms trade relationship with. Suspending arms sales is therefore a key avenue for the UK government to leverage to push further for a just and sustainable ceasefire and long-lasting peace.
Suspending some arms is not enough
The UK is obliged by its Strategic Export Licensing Criteria, not to grant an arms license “if it determines there is a clear risk that the items might be used to commit or facilitate a serious violation of international humanitarian law.”
There is credible evidence that arms, such as the F-35 stealth fighter jets, that have been manufactured, designed or tested in the UK have been used in mass casualty events. Indeed, these weapons may even have been used to destroy and damage the very work that Embrace the Middle East supports. Although arms exports from the UK make up less than 1% of the total arms that Israel receives from around the world, a move to suspend all arms sales could have a ripple effect amongst the UK’s allies such as Canada and Belgium who have already suspended some licenses and with others such as the US, Italy, Spain and Germany who are among the largest suppliers of arms to Israel.
Israel has the right to be able to defend itself, but the line between offensive and defensive weapons is blurred and defensive weapons are used to shield from retaliation after offensive actions, thus perpetuating the cycles of violence. Israelis and Palestinians have the right to live in security and safety. War will not achieve this and so as an international community we must support them to find another way.
The legality of arms usage in the West Bank
In July 2024 the International Criminal Court issued an Advisory Opinion that Israel’s settlements in the West Bank and East Jerusalem, have been established and are being maintained in violation of IHL. The court concluded that “the regime of comprehensive restrictions imposed by Israel on Palestinians in the Occupied Palestinian Territory constitutes systemic discrimination based on, inter alia, race, religion or ethnic origin”.
The implications of this Advisory Opinion is that other countries must not recognise as lawful anything resulting from Israel’s unlawful presence in the occupied Palestinian territories or do anything to assist in the continuation of the occupation. By providing weapons to Israel to be used within the occupied territories, the UK is in violation of these obligations. The suspension of arms should therefore continue until the occupation is concluded and the UK Government is confident IHL is no longer being violated.
A different vision for the security of the Middle East
Our call remains for the suspension of arms to all parties in this conflict, but we must work where we have influence. Violence is not the answer – the example of Jesus’ life, and Embrace’s local partners in the region are clear about this. We must encourage our leaders to work harder for justice and peace so that all peoples who call the Middle East home can feel safe and thrive.
Invitation - Sign our Advent to Arms Petition
This Advent we invite you to join us in shining a light in the darkness of war by signing our petition calling on the UK government to suspend arms sales to Israel.