Oxfam can intervene in judicial review of arms sales to Israel
On 7 October 2023, Hamas and several other Palestinian militant groups launched armed incursions from the Gaza Strip into southern Israel, killing 1,139 people and taking about 250 people hostage.
In response, the Israeli Government has killed tens of thousands of people in Gaza and forced millions to flee their homes. It has almost stopped the provision of critical food and nutrition aid, medical care, protection and shelter support, as well as water and sanitation. The health system in Gaza has lost 70 per cent of its bed capacity. The people of Gaza are facing disease and the risk of mass starvation.
The UK government annually provides about £10 million in financial support to the Palestinian Authority [1]. But at the same time it grants licences to UK companies to export over £40 million of arms to Israel [2].
A legal challenge was heard at the UK High Court over the British government’s role in allowing weapons to be sent to Israel, but the case was dismissed in February 2024 [3]. However a judge has decided that a judicial review of the case can be heard in October.
In April more than 600 British lawyers and judges, including three retired judges from the U.K. Supreme Court, joined calls for the government to suspend arms sales to Israel.
The Royal Courts of Justice has granted Oxfam’s request for intervention in the judicial review. In response to the approval, Oxfam’s Chief Executive, Halima Begum said on 13 June:
“We welcome the court’s decision to approve Oxfam’s intervention in this extremely important case. By continuing to license arms sales to Israel, the UK government is failing to fulfil its moral responsibilities to bring about a peaceful end to this devastating conflict. We also believe it is failing to meet its domestic and international legal obligations to ensure that UK arms are not sold if there is a clear risk of violations of International Humanitarian Law.
“As an agency working on the ground in Gaza, we’ve witnessed first-hand the devastation the Israeli military has caused to families in Gaza and to vital infrastructures. Oxfam has been systematically prevented from getting life-saving aid into the enclave, and our staff and partners face a constant threat to their lives while trying to sustain basic humanitarian operations.
“We strongly urge the Government to suspend all arms licenses to Israel immediately and, instead, use all the diplomatic leverage it has to push for an immediate and permanent ceasefire, to end the death and destruction and ensure the safe release of hostages.”
Carolin Ott, Solicitor from Leigh Day, the law firm representing Oxfam pro bono on the case, said:
“Our client through its work across the world routinely bears witness to extreme suffering and violations of international humanitarian and human rights law but considers the suffering and violations it has been seeing in Gaza to be extraordinary.
“It is essential to Oxfam to highlight what it is witnessing through this important case and our client is pleased to have been given permission to intervene and to have the opportunity to present its evidence and legal submissions.”
Oxfam appeals to the public to sign its open letter calling on the UK government to stop licensing the selling arms to Israel. See the details here.
References
Read more about Oxfam’s intervention into the judicial review here.
[1] Data on UK exports to Israel: https://commonslibrary.parliament.uk/research-briefings/cbp-9964/
[2] UK contributes financial aid to Occupied Palestinian Territories to increase stability: https://www.gov.uk/government/news/uk-contributes-financial-aid-to-occupied-palestinian-territories-to-increase-stability
[3] Guardian article 20 Feb 2024: https://www.theguardian.com/uk-news/2024/feb/20/high-court-rejects-legal-challenge-against-uk-arms-sales-to-israel