Commons Sense

House of Commons · Ministers' Questions

Application of Genocide Convention

Thursday 14 March 2024 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 2 Not answered 0

Key points

  • Imran Hussain asked the Attorney General about UK compliance with international humanitarian law regarding the International Court of Justice's order on the genocide convention in Gaza.
  • The Attorney General stated that Law Officers' convention prevents disclosing whether legal advice has been provided to the Foreign Office.
  • The Government respects the independence of the International Court of Justice and has concerns about the case's impact on achieving a sustainable ceasefire.

Topics (select to filter)

Questions & Answers

Q1 Imran Hussain Lab Bradford East
Foreign Affairs
Context

The International Court of Justice issued an order regarding the application of the genocide convention in Gaza, prompting questions about UK compliance with international humanitarian law.

Question

Whether she has had recent discussions with the Secretary of State for Foreign, Commonwealth and Development Affairs on UK compliance with international humanitarian law in the context of the International Court of Justice's order in the case on the application of the genocide convention in Gaza.

Answer from Victoria Prentis

Regulars at Attorney General's questions know that the Law Officers convention prevents me from disclosing outside Government whether or not I have provided advice and the specifics of that advice. Colleagues also know that I take seriously my obligations to ensure that the Government are acting in a lawful manner on both domestic and international fronts.

Partly answered

Not addressed: Specific discussions with the Secretary of State for Foreign, Commonwealth and Development Affairs about UK compliance with international humanitarian law regarding the ICJ's order in Gaza were not disclosed due to Law Officers convention.

How: Law Officers Convention Prevents Disclosure

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Q2 Imran Hussain Lab Bradford East
Foreign Affairs
Context

The UK Government, as a signatory to the genocide convention, has responsibility not only to punish but also prevent genocide. The ICJ found actions in Gaza potentially in breach of the genocide convention.

Question

Given that the Government will still sell arms to the Israeli military after the International Court of Justice found the actions in Gaza to be plausibly in breach of the genocide convention, what legal advice has she provided to the Foreign Office that allows her to fulfil the legal obligation to prevent genocide at the same time as selling arms? If the ICJ ultimately rules that it is genocide and it is proven that civilians have been killed by UK-sold arms, does that not leave the UK complicit in genocide?

Answer from Victoria Prentis

I believe that I dealt earlier with the substance of the hon. Gentleman's question. We respect the independence of the ICJ. We have considerable concerns about this case, which is not helpful in the goal of achieving a sustainable ceasefire. We accept that the Court has made a provisional measures order, much of which we wholeheartedly agree with. The FCDO continues to assess Israel's commitment and capability to comply with IHL. Applications for export licences are assessed on a case-by-case basis against strategic export licensing criteria, including with regard to IHL. The Government can amend, suspend, refuse or revoke licences as circumstances require.

Partly answered

Not addressed: Specific legal advice provided to the Foreign Office regarding arms sales and preventing genocide was not disclosed due to Law Officers convention.

How: Law Officers Convention Prevents Disclosure, Terms Such As Genocide Not Bandied About Until Final Ruling

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